In-N-Out Burger just filed a trademark infringement lawsuit against Smashburger, saying their new item, a “Triple Double” burger, is “likely to confuse and mislead the consuming public” into believing that In-N-Out has approved or licensed it’s beloved burger, according to the Orange County Register.
In-N-Out’s challenge is that Smashburger new Triple Double burger is too similar to their trademarked Double-Double and Triple Triple.
Smashburger’s co-founder told the Resister “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.”
In-N-Out’s ready to do battle.