Smashburger Gets Sued By In-N-Out Over Their New Triple Double Burger
In-N-Out has a reputation of being fiercely protective of its trademarks and brand image. So when a company like Smashburger gets sued by the burger icon, you know it’s gonna be a rough fight.
Above is Smashburger’s new Triple Double Burger, a simple sandwich consisting of two patties and three slices of cheese. However, according to the Orange County Register, In-N-Out feels that the burger’s name is too similar to their burger creations. In-N-Out owns trademarks for their burger names, including the Double Double and Triple Triple.
Thus, In-N-Out is filing a lawsuit against Smashburger for trademark infringement. The suit claims that “Smashburger’s use of the Triple Double and Smashburger Triple Double marks is likely to confuse and mislead the consuming public.” Basically, In-N-Out is suing because they think Smashburger’s new item will make people think it’s from In-N-Out.
However, I doubt that this is truly the case. The phrase “triple double” is more likely to link to basketball and NBA superstar Russell Westbrook than it is to In-N-Out. However, since the chain is notorious for its staunch defense against any possible infringements, it’s easy to see why they’d sue.
In the suit, In-N-Out is asking for an injunction to stop the Triple Double Burger from being sold. Additionally, the burger cult icon is looking for an unnamed amount of compensation from Smashburger for violating its trademarks.
We’ll have to wait and see if Smashburger does have to eventually give up something, or if In-N-Out was just being overly sensitive to their burger’s name.
