DENVER – In-N-Out burger is suing Denver-based mostly Smashburger for copyright infringement and different trademark-associated claims over its use of the time period “Triple Double” to explain and promote considered one of its cheeseburgers.
The California-based mostly burger chain filed the declare Monday in U.S. Central District Courtroom of California.
Within the lawsuit, In-N-Out claims that Smashburger knowingly began utilizing the moniker for its new burger in July regardless of opposition being raised by In-N-Out about trademark filings made by Smashburger late final yr.
In-N-Out has lengthy-present nationwide and state of California logos on the “Double-Double, Triple Triple, and Quad Quad” burgers, and a few comparable logos like “2 x 2” and “three x three”.
The chain claims that Smashburger—which was based in 2007 and has since opened greater than 300 franchises nationwide, together with 36 in California—is actively harming In-N-Out’s popularity by promoting the “Triple Double” burger and “diluting” In-N-Out’s logos.
In-N-Out has a “Not-So-Secret Menu” that clients can use to customise their burgers and which may, in line with the lawsuit, end in “Triple Double” or “three x 2” orders.
In-N-Out claims that after Smashburger filed its trademark claims for its burger late final yr, In-N-Out filed a discover of opposition with the Trademark Trial and Attraction Board in June 2.
However after that, based on the go well with, Smashburger then began utilizing the “Triple Double” time period.
“In-N-Out is knowledgeable and believes…that Smashburger…selected to undertake and use the Triple Double and Smashburger Triple Double marks to commerce on the goodwill related to In-N-Out’s Registered Marks,” the lawsuit says.
It goes on to say that through the use of the “Triple Double” moniker, Smashburger “creates a probability of shopper confusion as a result of precise and potential clients are more likely to consider that In-N-Out has accepted or licensed Smashburger’s use of its marks, or that In-N-Out is one way or the other affiliated or related with Smasburger or its providers.”
“Smasburger’s use of In-N-Out’s well-known logos implies that the standard of the products and providers provided by Smashburger is identical as that of In-N-Out,” it says.
The lawsuit claims that Smashburger’s use of “Triple Double” causes In-N-Out’s clients “confusion, mistake or deception” and that it has suffered damages and “irreparable accidents to its popularity and goodwill.”
Among the many claims In-N-Out makes, it says that Smashburger has deliberately created unfair competitors opposite to California regulation:
“The actions of Smashburger…have been taken with substantial certainty that such acts would trigger hurt to In-N-Out, in acutely aware disregard for the rights of In-N-Out and by conduct that was carried out with malice and unwell-will and intent to hurt In-N-Out, comparable to to represent…