LOS ANGELES (CBSLA) — Southern California’s favorite burger chain is taking aim at yet another copycat, this one down under.
In-N-Out is taking Australian burger chain “Down N’ Out” to federal court, claiming the business is mimicking its offerings and misleading customers hungry for American-style burgers.
The Sydney Morning Herald reports the famous California burger chain first took Hashtag Burgers to court last October. Hashtag Burgers has two Down N’ Out restaurants in Sydney and in a northwest city called Ryde.
In-N-Out alleges the Australian chain is seeking to “mimic or model” its business and has similar offerings, including a “secret” menu, according to the Herald.
There are no In-N-Out restaurants in Australia, but the chain says it has advertised there since 2012 and held pop-up restaurants.
The owners of Down N’ Out says that since In-N-Out doesn’t have a restaurant in Australia, there’s nothing for it to protect.