A Florida seafood business has launched a trademark dispute against hamburger chain Wendy’s.

In something of David versus Goliath battle, Phelan Holdings Inc., owner of Pincher’s Crab Shack, claims that the slogan “You can’t fake fresh,” which Wendy’s uses in some of its advertising, is its own trademarked tagline, reports the Columbus Dispatch.

Court papers state that Phelan Holdings says Wendy’s use of the slogan constitutes trademark infringement and causes consumers to confuse the two chains.

One of the largest fast-food chains in the U.S., Wendy’s has a network of more than 6,500 restaurants in the U.S. and 25 countries around the world.

Phelan Holdings, which says the slogan is worth more than $2 million, has seven seafood restaurants in southwest Florida.

A spokesperson for Wendy’s told the Dispatch that the chain’s theme is “You know when it’s real.”

But the newspaper claims that the lawsuit contains images showing Wendy’s employees holding signs that read: “You can’t fake fresh.”

Small business takes on Wendy’s in trademark dispute
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