Photo: Matt Nabor, a food expeditor at Pincher's Crab Shack in the Gulf Coast Town Center in Fort Myers, filets a red grouper in the restaurant on Thursday afternoon. Pincher's Crab Shack filed a trademark infringement suit against the Wendy's fast food chain earlier this week in federal court, claiming Wendy's used Pincher's 2004 trademarked slogan 'You can't fake fresh' in its commercials this year. Tristan Spinski/Staff - Marco, FL

Matt Nabor, a food expeditor at Pincher's Crab Shack in the Gulf Coast Town Center in Fort Myers, filets a red grouper in the restaurant on Thursday afternoon. Pincher's Crab Shack filed a trademark infringement suit against the Wendy's fast food chain earlier this week in federal court, claiming Wendy's used Pincher's 2004 trademarked slogan "You can't fake fresh" in its commercials this year. Tristan Spinski/Staff

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