In-N-Out Burger is suing its rival Smashburger claiming it has copied it’s double-double, triple-triple and quad-quad burger concepts.
The California-based burger giant filed a trademark infringement lawsuit on Monday, claiming that Smashburger’s ‘Triple Double’ is too similar to its famed ‘Double Double’ burger.
In-N-Out is known for its equal-ingredient burgers, including the double-double, having two patties and two slices of cheese, the triple-triple, having three patties and three slices of cheese, and so on.
In-N-Out filed a trademark infringement lawsuit on Monday, claiming Smashburger had copied it’s double-double burger concept
The California-based burger giant claimed that Smashburger’s ‘Triple Double’ is too similar to its famed ‘Double Double’ burger
The burger chain has not specifically trademarked the Triple Double name, but it claims that customers often customize their double-double order to a similar concept, having three slices of cheese and two patties.
‘Smashburger’s use of the Triple Double and Smashburger Triple Double marks is likely to confuse and mislead the consuming public, and injure In-N-Out, by causing consumers to believe incorrectly that Smashburger’s products originate from or are authorized by In-N-Out,’ the lawsuit, obtained by the OC Register, states.
In-N-Out, an institution beloved by fans in the Southwest, said that it has trademarks for several different sandwiches, some of which were obtained more than 40 years ago.
The restaurant said it has had a trademark for the ‘Double-Double’ – two patties and two slices of cheese – since 1963.
In-N-Out is known for its equal-ingredient burgers, including the double-double, having two patties and two slices of cheese
Smashburger, which was founded in 2007 in Denver, launched the Triple-Double burger in mid-July
In-N-Out, an institution beloved by fans in the Southwest, said that it has trademarks for several different sandwiches, some of which were obtained more than 40 years ago
It has held the trademark for the Triple-Triple – three patties and three slices of cheese – since 1966.
Smashburger, which was founded in 2007 in Denver, launched the Triple-Double burger in mid-July.
‘This will be Smashburger’s new iconic menu item, providing three times the cheese and double the beef in every bite,’ chain co-founder Tom Ryan said in a statement this summer.
The chain, known for its gourmet toppings like goat cheese and truffle mayonnaise, has quickly expanded across the country over the last decade.
Both In-N-Out and Smashburger use lightly buttered sponge-dough buns for their burgers.