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.
Introducing the Triple Double. It’s the stuff burger dreams are made of…two layers of juicy beef and three layers of melted cheese, all wrapped up in an artisan bun. Wipe that drool off your face. 🧀🍔🧀🍔🧀 #TripleDouble #cheesy #cheeseislife #cheeseislove #cheesburger #doubleburger #triplecheese #noms #drool
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.