http://www.ocregister.com/2017/08/28/in-n-out-sues-smashburger-over-alleged-triple-double-burger-trademark-infringement/
Smash if old.
Irvine-based In-N-Out Burger filed a trademark infringement lawsuit Monday, Aug. 28 against Denver-based Smashburger, claiming the fast food rivals Smashburger Triple Double is too similar to its famed Double Double burger.
Smashburgers use of the Triple Double and Smashburger Triple Double marks is likely to confuse and mislead the consuming public, and injure In-N-Out, by causing consumers to believe incorrectly that Smashburgers products originate from or are authorized by In-N-Out, the lawsuit states.
Since at least as early as 1963, In-N-Out has continuously used its registered DOUBLE-DOUBLE trademark in connection with hamburger sandwiches in interstate commerce. Since at least as early as 1966, In-N-Out has continuously used its registered TRIPLE TRIPLE trademark in connection with hamburger sandwiches in interstate commerce, the lawsuit stated.
Smashburger was founded in Denver in 2007. The chain has grown quickly, entering Orange County in 2012. It has three locations in Orange County. The better burger concept is known for using gourmet toppings such as goat cheese, truffle mayonnaise and mini portabella mushrooms.
Smashburger, like In-N-Out, also uses toasted and lightly buttered sponge-dough buns.
Launched in mid-July, Smashburgers Triple Double features two burger patties and three slices of cheese.
This will be Smashburgers new iconic menu item, providing three times the cheese and double the beef in every bite, chain co-founder Tom Ryan said in a statement this summer.
Smashburger could not be reached for comment late Monday.
Smash if old.