Pincher's Crab Shack, a chain of seafood restaurants in Florida, is suing Wendy's over its "You can't fake fresh" slogan. Wendy's has been using the slogan in its latest commercials, and Pincher's Crab Shack representatives say that this infringes on its trademark.
"Our client worked hard to create [the slogan] and our legal team worked hard to protect it and to successfully register it," said Jennifer Whitelaw, a Naples attorney who represents Pincher's Crab Shack. "Admiring our client's mark is understandable, but this is a bit more admiration than what the law allows." Naples News reporters confirmed that Phelan Holdings Inc. registered "You can't fake fresh" as a trademark on Feb. 16, 2010.
Whitelaw and Pincher's Crab Shack are looking for over $2 million in damages, fees, and profits and advantages from Wendy's use of the slogan.