It’s In-N-Out versus Down N’ Out in a trans-Pacific burger war.
The popular West Coast burger chain In-N-Out has filed a lawsuit in Australia against Hashtag Burgers, the company that operates the local brand, Down N’ Out, for alleged trademark infringement.
In-N-Out claims that Down N’ Out is deceiving customers by using its name and logo to give the impression that its burgers in Sydney are the same as those sold to Americans.
News of the lawsuit was reported by the Sydney Morning Herald.
In-N-Out says Hashtag Burgers is ‘passing off’ its products for someone else’s, which makes people think that the US-based chain has given Down N’ Out its ‘endorsement, approval, license, authority, or sponsorship.’
In-N-Out is accusing Down N’ Out of capitalizing on In-N-Out’s ‘substantial reputation and goodwill.’
The popular West Coast burger chain In-N-Out has filed a lawsuit in Australia against Hashtag Burgers, the company that operates the local brand, Down N’ Out, for alleged trademark infringement. The above stock image shows an In-N-Out location in Fort Worth, Texas
In-N-Out claims that Down N’ Out is deceiving customers by using its name and logo to give the impression that its burgers in Sydney are the same as those sold to Americans
Hashtag Burgers has rejected these assertions. It says it is fully within its rights to use the Down N’ Out name because In-N-Out ‘does not conduct its fast-food business in Australia and therefor has no goodwill in Australia.’
The American company, which is owned by the Snyder family, wants Hashtag to cease using the Down N’ Out name and to pay damages equal to the profits it made off the name.
A preliminary court hearing is scheduled for August 10.
A judge has ordered In-N-Out to file evidence in support of its claims by June 1.
Hashtag Burgers was told to file counter-evidence by July 27.
In-N-Out, one of the most popular burger chains in the United States, was founded in 1948.
Australians are seen above lining up outside a Down N’ Out burger location in Sydney
Down N’ Out has just two locations – one in Sydney and another in Top Ryde
It currently operates more than 300 locations concentrated in California, Arizona, Nevada, Utah, Texas, and Oregon.
Down N’ Out, by contrast, has just two locations – one in Sydney and another in Top Ryde.
In-N-Out, a company that has declined to expand more aggressively in the US because of fears it will erode product quality, appears to be trying to make inroads in the Land Down Under.
Last month, it opened a pop-up restaurant at a bar in Melbourne, Mashable reported.
The response from customers was overwhelming as people lined up for a taste of the popular brand.
In-N-Out proved such a hit that it sold out all of its burgers and fries within hours.