In-N-Out Sues Smashburger Over Burger Names

In-N-Out is headed to court with a lawsuit against Smashburger. According to a recent article in Nation's Restaurant News, the brand says Smashburger's new burger names are too similar to its own trademarked offerings.

In-N-Out has trademarked "Triple Triple" and "Double Double" for its menu, while Smashburger has introduced offerings called "Triple Double" and "Smashburger Triple Double." In-N-Out says that these names violate their trademarks.

This is not the first time the burger chain has sued another restaurant over names. In-N-Out has previous taken companies to court over the phrase "animal style" or for using its own company name.

"When you have descriptive wording, your rights are somewhat weak. I think there's enough differentiation," said trademark attorney, Jennifer Ko Craft.