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Wendy's sued over 'fake' slogan

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NAPLES, Fla., July 19 (UPI) -- A Florida-based seafood chain has sued Wendy's, saying the Ohio burger chain can't claim the slogan, "You can't fake fresh," because the tagline is trademarked.

Phelan Holdings Inc., which owns Pincher's Crab Shack in Naples, Fla., says in court papers Wendy's use of the slogan infringes on its trademark and creates confusion about the two restaurant chains among consumers, The Columbus Dispatch reported Tuesday.

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Phelan Holdings, with seven seafood restaurants in southwestern Florida, said the slogan is worth more than $2 million and asked a judge to bar Wendy's from using it to promote its 6,500-plus restaurants nationwide and internationally.

The lawsuit, filed last week in a federal court in Fort Myers, Fla., also accused Wendy's of violating Florida's Deceptive and Unfair Trade Practices Act and seeks damages and profits or gains Wendy's could earn from using the tagline, the Dispatch reported.

Pincher's said it trademarked "You can't fake fresh" in 2004.

Images included as evidence in the Pincher's lawsuit show Wendy's employees with signs reading, "You can't fake fresh."

In an e-mail to the Dispatch, Wendy's spokesman Denny Lynch did not comment on the suit, except to say Wendy's theme is "You know when it's real."

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