Wendy's sued for its use of slogan | ...

Wendy's sued for its use of slogan | The Columbus Dispatch

There are 40 comments on the Columbus Dispatch story from Jul 19, 2011, titled Wendy's sued for its use of slogan | The Columbus Dispatch. In it, Columbus Dispatch reports that:

Wendy's latest marketing campaign, which uses "You can't fake fresh" in some of its ads, has prompted a Florida-based restaurant chain to sue, saying the slogan is its trademarked tagline.

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Frank and Judy

Gnadenhutten, OH

#21 Jul 19, 2011
I support the law suit. I agree they should protect what they registered.

Just because Wendy's is bigger, it does not have the right to not respect others trademarks.

Also, for those who don't think Wendy's doesn't sell fish.

I bought it during the lent season.
MESSY

Columbus, OH

#22 Jul 19, 2011
It is always something!!!! I wish this was all I had to worry about.
makeda

Cleveland, OH

#23 Jul 19, 2011
i will not spend my money where people get all bent out of shape about a slogan...phelan holdings...what other restaurants to you own that i will NOT visit? geezzzzz

Since: Jul 11

Hong Kong

#24 Jul 19, 2011
it just a advertising. I think the sue can attract more people to aware Wendy. they may have interest to try one.
DMR

Kingston, TN

#25 Jul 19, 2011
Frank and Judy wrote:
I support the law suit. I agree they should protect what they registered.
Just because Wendy's is bigger, it does not have the right to not respect others trademarks.
Also, for those who don't think Wendy's doesn't sell fish.
I bought it during the lent season.
The slogans are NOT the same.(Pincher's is You Can't Fake Fresh and Wendy's is You can't fake real.) Though they are both in the food industry, they have different primary products and different customer bases. Wendy's primary product is clearly hamburgers made from BEEF. Though some stores do sell a fish sandwich. The primary product of Pincher's Crab Shack is well, crab and other seafood products. I should also note that Pincher's does sell a chicken sandwich and a black angus hamburger. The other thing is Wendy's is clearly fast food. Pincher's Crab Shack is a sit down restaurant with a bar. The pricing is comparable to Red Lobster or Joe's Crab Shack. Oh mercy, Joe's Crab Shack pre-dates Pincher's Crab Shack by over ten years, maybe they should file a lawsuit against Pincher's are they both have locations on the west coast of Florida.

It appears that Pincher's is trying to cash in big time. Pincher's and Wendy's cater to a very different market. I have serious doubt that Pincher's Crab Shack with only seven locations is worth $2 million in damages. Now Joe's Crab Shack may have a very good case against Pincher's Crab Shack as they are in the same market and going for the same customer base. Joe's Crab Shack was around for more than a decade before Pincher's. Maybe someone should call Joe's Crab Shack corporate office and let them know about Pincher's Crab Shack.
DMR

Kingston, TN

#26 Jul 19, 2011
makeda wrote:
i will not spend my money where people get all bent out of shape about a slogan...phelan holdings...what other restaurants to you own that i will NOT visit? geezzzzz
The total holding of Phelan Holdings appears to be the seven locations of Pincher's Crab Shack on the west coast of Florida.
Lib

Columbus, OH

#27 Jul 19, 2011
I hope they make them pay Wendy's for providing valuable publicity.
Westerville Ohio

Lancaster, OH

#28 Jul 19, 2011
Huh wrote:
<quoted text>
Do you work at Wendy's?
NO.......I do not work at Wendys nor do I own any Wendys stock.

Still, the better burger. MYOP
Observer

Grove City, OH

#30 Jul 19, 2011
Pinchers has excellent sea food. I eat there often when I am visiting SW Florida.

I can't believe Wendy's advertisers would be so blatant in stealing Pinchers slogan.
Observer

Grove City, OH

#31 Jul 19, 2011
Any one who believes you can't fake fresh should like at the ingredients in many of the items served on Wendy's menu.

http://www.wendys.com/food/pdf/us/nutrition.p...
Tin Foil Hat

Fredericktown, OH

#32 Jul 19, 2011
Burt wrote:
<quoted text>
Have you ever been to Wendy's? Obviously not...they're generally the tops of the fast food.
Wendy's nutrition info.

http://www.wendys.com/food/Nutrition.jsp

That "all-natural" raspberry-something salad? Read the ingredients. The link goes to a single with the salad. Wendy's might taste "good" to someone who lives on fast food, but to anyone who would rather eat real food? It fails.
Reader

Grove City, OH

#33 Jul 20, 2011
Westerville Ohio wrote:
Wendy's has the best fast food burger (NO shredded lettuce)of the top three chains. Wendys should offer an egg sandwich with a muffin, egg,cheese,canadian bacon. NO biscuit.
Wendys has the best dining areas.
Nope, 5 Guys Burgers & Fries has the best fast food burger.
Not Really

United States

#34 Jul 20, 2011
Reader wrote:
<quoted text>
Nope, 5 Guys Burgers & Fries has the best fast food burger.
Fast Food means Drive Thru.
Huh

Brea, CA

#35 Jul 22, 2011
Ohioan wrote:
Wendy's is the worst advertizing company that I can think of. "You know when it's real" ?? what the heck is that supposed to mean? "You can't fake fresh..." does that imply that you are 'faking' things not related to freshness?? Mr. Wendy was is a complete tool and loser. RIP DAVE.
What do you know about marketing? I think its a very effective slogan for the times! Its all a matter of opinion and so fsr it's working well for them.
Huh

Brea, CA

#36 Jul 22, 2011
Observer wrote:
Pinchers has excellent sea food. I eat there often when I am visiting SW Florida.
I can't believe Wendy's advertisers would be so blatant in stealing Pinchers slogan.
It is only remotely similar. Wendy's will win only after lawyers on both sides reap the benefits of a frivolus lawsuit.
Huh

Brea, CA

#37 Jul 22, 2011
Reader wrote:
<quoted text>
Nope, 5 Guys Burgers & Fries has the best fast food burger.
I definately agree with this poster!
Not really really

Brea, CA

#38 Jul 22, 2011
Not Really wrote:
<quoted text>
Fast Food means Drive Thru.
Nope... It means you get your food fast and order it youself and take it away. Drive thru not required.

_yernogood-

“Everyone knows that!!!”

Since: Jun 11

Tell me...Does it hurt much?

#39 Jul 25, 2011
Uhhhhhhh..wendy's...Seriously man people that eat garbage willingly aren't going to eat at your restaurant. Nobody that eats fast food of any type understands what REAL food is. Those people will NEVER visit this guys joint. He's a moron.

_yernogood-

“Everyone knows that!!!”

Since: Jun 11

Tell me...Does it hurt much?

#40 Jul 25, 2011
Actually pinchers might as well be the wendy's of the seafood eateries. Nothing they serve is worth putting into your mouth. Those places are for the middle to lower middle class tourists that have no idea what REAL seafood is. It’s basically “Scully’s catch of the day”

_yernogood-

“Everyone knows that!!!”

Since: Jun 11

Tell me...Does it hurt much?

#41 Jul 25, 2011
Not Really wrote:
<quoted text>
Fast Food means Drive Thru.
Really? So macdonalds wasn't fast food in 1948 before they had drive up windows.Wow, cool.

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