You can’t fake fresh.
It was a fresh slogan back in 2004, when Pinchers Crab Shack had first used it. It was so successful the restaurant’s owner, Phelan Holdings Inc. of Fort Myers Beach, trademarked it last year for its seven restaurants, including Naples and Bonita Springs.
So when Wendy’s began using it in commercials, the Southwest Florida restaurant chain sued.
The trademark infringement lawsuit, filed this week in U.S. District Court in Fort Myers, alleges those four words are worth more than $2 million.