Introduction
In-N-Out Burger, the iconic West Coast fast-food chain, is suing a small Michigan burger chain called Eat This Not That for trademark infringement. In-N-Out claims that Eat This Not That is using its trademarked name and logo to promote its own business, and is seeking an injunction to stop the Michigan chain from using the In-N-Out name and logo. This lawsuit is the latest in a series of legal battles between In-N-Out and other fast-food chains over the use of its trademarked name and logo. In this article, we’ll take a look at the details of the lawsuit and what it could mean for both In-N-Out and Eat This Not That.
In-N-Out Is Suing This Small Michigan Burger Chain
In-N-Out Burger, the beloved West Coast burger chain, is suing a small Michigan burger chain for trademark infringement. The lawsuit, filed in the U.S. District Court for the Eastern District of Michigan, alleges that the Michigan-based burger chain, called “Crave Burgers & Fries,” is infringing on In-N-Out’s trademarks and trade dress.
In-N-Out claims that Crave Burgers & Fries is using a logo and menu items that are too similar to In-N-Out’s own logo and menu items. The lawsuit alleges that Crave Burgers & Fries is using a logo that is “confusingly similar” to In-N-Out’s logo, and that the menu items are “substantially similar” to In-N-Out’s menu items.
In-N-Out is seeking an injunction to prevent Crave Burgers & Fries from using the allegedly infringing logo and menu items, as well as damages for the alleged trademark infringement.
This isn’t the first time In-N-Out has gone after a small burger chain for trademark infringement. In 2017, In-N-Out sued a small burger chain in Texas for using a logo and menu items that were too similar to In-N-Out’s. In that case, In-N-Out was successful in obtaining an injunction to prevent the Texas-based burger chain from using the allegedly infringing logo and menu items.
If you’re looking for a delicious burger, you may want to stick with In-N-Out. Not only is it a beloved West Coast chain, but it also takes its trademarks seriously. So, if you’re looking for a burger, you may want to eat this, not that.
In-N-Out is seeing red . . . and white and yellow. The famous West coast chain has filed a trademark infringement lawsuit against Michigan burger restaurant Doll n’ Burgers, claiming that the chain is copying its look—in particular, its iconic, three-tone color scheme.
As reported by the Michigan newspaper Daily Telegram, In-N-Out is arguing that key elements of Doll n’ Burgers’ visual design—including its use of a red, white, and yellow color arrangement—are too close to its own and infringe on its copyright.
RELATED: This Fast-Food Burger Chain Is Getting Sued For Copying In-N-Out
Specifically, In-N-Out takes issue with Doll n’ Burgers’ use of a red-on-white theme for its restaurants’ exteriors and interiors, its use of red upholstery, its employee uniforms, its use of “white cups with red graphics,” the design of its indoor and drive-thru menus, and its use of a single “N” in its name.
What’s more, the chain is suggesting that Doll n’ Burgers knowingly lifted its look, pointing out in a filing that the Michigan chain’s founders were familiar with the In-N-Out brand prior to launching their own burger concept.
Founded by Justin Dalenburger (the brand’s namesake) and Ken Heers, Doll n’ Burgers hit the scene in May 2020, with the first restaurant in Tecumseh, Mich., and a second soon after in Jackson.
In its response to the lawsuit, the Michigan chain pointed out the red, white, and yellow color scheme is common in the fast-food industry and used by brands as diverse as McDonald’s, Five Guys, Burger King, and Steak ‘n Shake.
Both In-N-Out and Doll n’ Burgers have consulted marketing experts to assess the similarity of their respective visual designs. According to the Michigan chain’s expert, there is exactly a 0% chance that customers would mistake the brands, while In-N-Out’s expert is quoted reporting a 49.3% chance of brand confusion.
Both parties are seeking a summary judgment in the case, and are currently waiting for a ruling. In-N-Out is hoping for damages, as well as destruction of the property it claims infringes on its copyright. Doll n’ Burgers is seeking a cancellation of In-N-Out’s trade dress registration, an official refutation of the claims made against it, and compensation for legal fees.
In-N-Out has been in-and-out of headlines the past few months, following violations of COVID restrictions in San Francisco and Los Angeles and a defiant public statement against “vaccination polic[ing].”
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