The Bottom Line
Wendy’s is off the hook for its Hacky Sack promotion, which, as part of a kids-meal program in 2013, encouraged patrons to try to break Guinness World Records, including for most consecutive footbag kicks. The holder of that record, Johannes “Ted” Martin, sued Wendy’s in 2015 for using his name with its promotion. Last year, a federal court dismissed the case and Martin appealed. On Friday, the appeals court upheld the original judgment.