To be fair, Ken Penders created Evil Sonic, while Ian Flynn was the writer when he became Scourge. Heck, Ian's very first issue he wrote for the main-line Sonic Archie comic (#160) is actually the one that transforms Evil Sonic into Scourge, so you could say one of the first things he did as the writer was "creating" Scourge. Really, Surge is just Ian reintroducing Scourge without having to write them within the limits of being an evil version of Sonic that Ken established.

I mean the guy's not done with lawsuits, he apparently wants to Sue Paramount Global (ViacomCBS) over a pair of echidnas in the second movie, failing to realize he's going to crash and burn and lose tons of money. Guy should just focus on finishing his dumb comic, he won't be able to fund it if he does this.