IRVINE (CBSLA.com) — 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.
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.
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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
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.