A Dunlap sauce company, Jaymo’s Sauces, LLC, has filed a lawsuit in U.S. District Court in Peoria against burger chain Wendy’s for trademark Infringement.
The plaintiff alleges that the defendant is using its trademark S’Awesome” without authorization.
Jaymo’s Sauces, LLC said it trademarked its “S’Awesome” sauce in 2015 and have been selling it in classic, bourbon, spicy and “Sweet n Heat” flavors in grocery stores across Illinois, the greater Midwest and South, and online.
The plaintiff alleges that Wendy’s started advertising and selling chicken tenders with “S’Awesome” sauce in 2017 without permission. A cease and desist notice was sent to Wendy’s but they continued using the brand.
According to the lawsuit, the plaintiff stated that “Within days of the airing of that commercial Jaymo’s received multiple telephone calls and personal inquiries from friends and customers expressing confusion and asking if Jaymo’s was somehow affiliated with Wendy’s” or if the brand had been sold”.
The plaintiff stated the infringement has caused damages, confusion and unfair competition.
Jaymo’s Sauces is seeking permanent injunction from using the “S’Awesome” name by Wendy’s and for monetary damages in excess of $75,000.
Jaymo’s Sauces LLC v. The Wendy’s Company
|Judge:||Joe Billy Mcdade|
|Court:||Illinois Central District Court|
|Nature of Suit||Trademark|
|Case Filed:||Jan 22, 2019|