In-N-Out sues Smashburger over new ‘Triple Double’ burger

IRVINE, Calif. — Southern California cult hamburger chain In-N-Out is suing Smashburger over the Denver-based chain’s new offering.

In-N-Out filed a trademark infringement lawsuit last week over Smashburger’s new “Triple Double” burger.

Irvine, California-based In-N-Out has trademarked several of its burgers, including the Double-Double, Triple-Triple and Quad-Quad.

In the complaint, In-N-Out said the name “Triple Double” could confuse and mislead customers, and hurt its business.

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According to the lawsuit, Smashburger’s moves are unfair and have created “a likelihood of consumer confusion because actual and prospective customers are likely to believe that In-N-Out has approved or licensed Smashburger’s use of its marks, or that In-N-Out is somehow affiliated or connected with Smashburger or its services.”

Smashburger co-founder and CEO Tom Ryan said in a statement the “Triple-Double” “is not comparable to any In-N-Out menu offering.”

Ryan said the burger is “the stuff burger dreams are made of … two layers of juicy beef, three layers of melted cheese, wrapped up in an artisan bun.”

“Frankly we are flattered by the attention In-N-Out has given our Smashburger Triple Double,” Ryan said.

Privately held In-N-Out was founded in 1948 and is extremely popular with Southern California residents. It also has restaurants in Northern California, Nevada, Utah, Arizona and Texas.