PEORIA, Ill. (WEEK) — A Dunlap sauce company is accusing burger chain Wendy’s of a not-so-“S’Awesome” act of trademark infringement.
Jaymo’s Sauces, LLC said it trademarked it’s “S’Awesome” sauce in 2015, selling it in classic, bourbon, spicy and “Sweet n Heat” flavors in grocery stores across Illinois, the greater Midwest and South, and online.
Jaymo’s said Wendy’s began advertising and selling chicken tenders with “S’Awesome” sauce in 2017, including in Peoria.
“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, Jaymo’s said in a lawsuit filed in U.S. District Court in Peoria on Tuesday.
Jaymo’s said they served a cease and desist to Wendy’s, but they continued to use the branding.
Jaymo’s Sauces is suing to stop Wendy’s from using the “S’Awesome” name and for monetary damages in excess of $75,000.