California Based Burger Chain Suing National Competitor

Many fans of fast food know two huge names in the burger world: In-N-Out Burger and Smashburger. Fans of In-N-Out Burger commonly order a few notable menu items including the Double-Double and Triple-Triple. It appears that In-N-Out has found out a competitor is creating items that, they feel, are too similar to their own.

Smashburger recently announced they are releasing a Triple Double burger. The LA Times reports that In-N-Out feels this new burger by their competitor will confuse customers. The In-N-Out company feels that a Triple Double burger will lead people to think they're affiliated with Smashburger. Chief Executive of Smashburger, Tom Ryan was quick to respond by saying he feels no violation has occurred.

One notable feature of fast food companies is that many offer similar staples including cheeseburgers. It's common to see fast food burgers with names that highlight what makes the burger special. For In-N-Out, the Double Double means this burger has two layers of meat and cheese. Smashburger's Triple Double features three layers of cheese and two layers of meat. One attorney seems to think that these similarities could prove to be favorable for In-N-Out Burger's case.

It appears that there could be bad news on the horizon for Smashburger. In the same report by the LA Times, an interview was conducted with David Schwartz, an intellectual property attorney. Schwartz argues that, in normal situations, words including double and triple are impossible to trademark. However, In-N-Out has used these words to form the name of a specific burger. Schwartz appears to argue that In-N-Out does have the potential for a winnable case against Smashburger. He also argues that courts will potentially favor In-N-Out for their brand notoriety.

In summary, there has been a lot of recent conflict between two legendary fast food companies. In-N-Out has distinct names for their menu items including Double-Double and Triple-Triple burgers. What makes In-N-Out's burgers notable is the unique names which this company feels Smashburger has copied. Smashburger released a new burger called the Triple Double because it has three layers of cheese and two layers of meat. In-N-Out Burger has already started preparing a case against the Smashburger company.


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