IRVINE ( — Not sure about the Double Double versus the triple double? In-N-Out thinks so, and is suing Smashburger over its new offering.

Irvine-based In-N-Out filed a trademark infringement lawsuit this week against Smashburger over the “triple double” burger it debuted over the summer. The beloved SoCal chain says it is too similar to its trademark Double-Double.

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According to the complaint, In-N-Out – which has trademarked several of its sandwiches, including the Double-Double, Triple Triple and Quad Quad – the use of the name “triple double” could confuse and mislead the public and hurt its business.

In-N-Out was founded in 1948 with a first-of-its-kind drive-through burger stand in Baldwin Park, where its training facility still resides. The chain has a cult following exacerbated by social media, so it’s a regular target by imitators across the country.

The privately-held company is not shy about going after anyone looking to capitalize on its fame. In 2015, it sued delivery service DoorDash for advertising it would deliver In-N-Out over concerns of the freshness of its product. It also sued a Maryland burger stand in 2011 over its name and logo — Grab-N-Go.

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