• Hey, guest user. Hope you're enjoying NeoGAF! Have you considered registering for an account? Come join us and add your take to the daily discourse.

In-N-Out suing Smashburger's imitation of the Double Double, the Triple Double

WaterAstro

Member
That's known as a "Four by Four".

Secret Menu Ho!

Oh right... I forgot that they go all the way to 100 x 100.

twNPzT7.jpg
 

Particle Physicist

between a quark and a baryon
One of those isn't a fast food chain and the other has a small enough presence in California that I can only guess In-N-Out hasn't thought to challenge them yet.

Either way, they're definitely examples that I'm sure Smashburger's lawyers will bring up as a defense.


I added a bunch more. This naming convention is everywhere.
 

Falchion

Member
Smashburger is really good but this is so fucking dumb. No one things a burger at a different restaurant is endorsed by In-N-Out. I mean how many chains call their burger the triple something or other.
 
Yeah. I think "double" and "triple" on their own would be considered descriptive and would escape any claims of trademark infringement. They aren't suing every chain that claims to have a double cheeseburger. But the redundant naming scheme is unique to In N Out.

I know there's lots of trademark abuse out there, but this actually looks like In N Out has a legitimate case here. Not saying this as some kind of In N Out defense force, btw. I've never had an In N Out burger in my whole life.
Agreed.
 

Ponn

Banned
Haha, keep your budget sue happy burger west coast. We got burgers good enough over here they don't have to worry about the damn name of them.
 
I'm not getting the people who are calling this silly. It's a pretty straightforward case. Smashburger is copying the exact same name formatting and meaning In-N-Out uses, for the same class of products, offered by the same type of restaurant, and In-N-Out owns trademarks on two extremely similar terms (Double Double and Triple Triple). Not really frivolous, no matter how much you argue "no way would someone think In-N-Out endorses this".
 

this_guy

Member
What are the chances of In N Out losing their trademark for a generic term that many other burger joints have used/are using?
 

ascii42

Member
I'm not getting the people who are calling this silly. It's a pretty straightforward case. Smashburger is copying the exact same name formatting and meaning In-N-Out uses, for the same class of products, offered by the same type of restaurant, and In-N-Out owns trademarks on two extremely similar terms (Double Double and Triple Triple). Not really frivolous, no matter how much you argue "no way would someone think In-N-Out endorses this".

Probably because I've only been to In-N-Out once, but I associate the phrase "triple double" with basketball. I'm sure it's different for people who regularly go there.
 

norm9

Member
Probably because I've only been to In-N-Out once, but I associate the phrase "triple double" with basketball. I'm sure it's different for people who regularly go there.

But your first thought for double double is in n out right? If not, it should be.
 

HariKari

Member
Why not just sue for using the same Ingredients

Double Double knockoffs are common. Carls Jr has the 'california classic' as do many other chains. The problem is the naming scheme which Smashburger has no real reason to use other than to invoke In N Out imagery.
 
But in the realm of fast food, yeah, I'd think of In-N-Out.
This is what's important, because trademarks often involve a contextual element. The trademarks in question here (Double Double, Triple Triple) apply specifically to hamburgers. And Double Double is their signature item, and a well-known burger. So the case for Triple Double is pretty clear.
 

Aiustis

Member
I don't get the issue. In-N-Out isn't even national. Most of the US isn't going to associate the name scheme with their brand.
 
Top Bottom