Sauce-maker goes after a fast food restaurant chain Wendy's in a trademark infringement lawsuit!

February 18,2019:

Jamison Shefts, a sauce-maker from the city of Peoria in Illinois, USA is suing the American International fast food restaurant chain Wendy’s for alleged trademark infringement. The lawsuit was filed on 22nd January 2019 in U.S. District Court in Peoria.

Jamison whose nickname is ‘Jaymo’ creates hot sauces which are available in several grocery stores and is fighting Wendy’s over a sauce that shares a name with his. Jaymo’s “S’Awesome” was improperly appropriated by Wendy’s to label, sell and advertise the sauce. Jaymo claims in the lawsuit that. “Wendy’s acts were and continue to be undertaken in bad faith and in a deliberate attempt to capitalize on the goodwill and reputation of Jaymo’s S’Awesome.”

According to the lawsuit, Wendy’s started selling and advertising a line of chicken tenders with a sauce labeled S’Awesome in October 2017, and also showcased a TV commercial for the sauce.

After the airing of the commercial, Jaymo’s legal counsel contacted Wendy’s demanding the company to cease and desist its use of S’Awesome label, instead, the fast food chain expanded its use of the sauce to its bacon-classic cheeseburger and bacon cheese fries.

It took Jaymo years of experiments to come up with the gluten-free sauce. Jaymo officially used the S’Awesome tag in 2015 and by 2017 the sauce was being sold in 15 states in over 900 stores.

In the five-count lawsuit, one of the counts cites Illinois’ Consumer Fraud and Deceptive Practices Act. The lawsuit seeks $75,000 in damages and for Wendy’s to stop using the S’Awesome trademark.

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