Popular fast-food chain, In-N-Out Burger, which has over 300 locations across the U.S., is suing competitor, Smashburger, for trademark infringement. Smashburger, which is located in Denver, Colorado, has equally grown to over 370 locations in 37 states in the U.S. and 9 countries.
The basis of the lawsuit is Smashburger’s use of the names Triple Double. Smashburger debuted its Triple Double burger in July of this year. However, In-N-Out which has used its registered trademarks for DOUBLE-DOUBLE and TRIPLE TRIPLE for over 50 years, claims that Smashburger’s use of “Triple-Double” is too much like its own DOUBLE-DOUBLE and TRIPLE TRIPLE trademarks. In-N-Out also claims that Smashburger’s use is it intended to mislead the public into thinking Smashburger products are related to or authorized by In-N-Out burger.
“In-N-Out has suffered, and will continue to suffer, damages as a result of Smashburger’s conduct constituting trademark dilution,” says the lawsuit
In a statement sent to the Register on Tuesday, Aug. 29, Smashburger co-founder Tom Ryan said the Triple Double burger was developed to appeal to the “next generation” of burger lovers. He said the new sandwich “is not comparable to any In-N-Out menu offering.”
“Frankly, we are flattered by the attention In-N-Out has given our Smashburger Triple Double. To date, Smashburger’s Triple Double is posting double-digit traffic and sales increases for the 10-year-old Smashburger brand,” he said.
The case is currently pending.