It appears as if Smashburger, an American fast casual burger restaurant chain, has to culminate with a bad taste in its mouth if In-N-Out’s allegations in its latest trademark complaint against Smashburger are proven true.
Lawsuit
In-N-Out Burger has filed a trademark infringement suit against Denver-based competitor Smashburger, alleging that Smashburger’s “Triple Double” burger is too similar to In-N-Out’s “Double-Double” and “Triple Triple,” which might result in confusing and misleading the consuming public” into believing that In-N-Out has approved or licensed the sandwiches to Smashburger’s.
Likelihood of similarity
In–N–Out, founded in 1948 as a quick-service burger stand, has burgeoned a cultish patronage World Wide. Smashburger was founded in 2007 in Denver, Colorado, introducing its “Triple Double” burger in July 2017, made with two beef patties and three layers of cheese. In-N-Out alleges that this infringes upon its registered trademarks for the “double-double,” the “triple-triple,” and the “3×3“.
In-N-Out does not want customers to think that burgers and other food called “Triple Double” or “Smashburger Triple Double” or other confusing number marks are somehow related to In-N-Out or made by In-N-Out or that there is a connection between In-N-Out and Smashburger.
In-N-Out likely wants to establish a zone of protection around its marks which would prevent others from using not only the same marks, such as ‘Double Double’ but also marks that are not identical but are similar—in this case, ‘Triple Double,'”.It also has asserted that its number marks for burgers and restaurant services are famous, which, if proven, will make them more broadly enforceable.”
In-N-Out claims it had continuously used its registered trademarks “DOUBLE-DOUBLE” and “TRIPLE TRIPLE” since both the ’60s and when they were registered in 1975 and 1990, respectively. In-N-Out argues that the new three-cheese, the two-patty burger will cause consumer confusion and dilute its marks, as they have been using it over a long period, having effectuated an excessive level of revenue and having been extensively advertising or promoting so that there is a significantly elevated level of consumer remembrance.
Conclusion
Protection of intellectual property rights will unequivocally espouse the evolution of new products, services, and national economies. Any disintegration can jeopardize the sector’s economic performance and retrench the major welfare emanating from that place.
