"In-N-Out claimed to have held several federal or state trademarks since the early 1960s, which were allegedly being encroached on by Smashburger."
"The issues in this lawsuit were typically less about the food itself and more about the way it was represented, specifically how the names and characters were allegedly being used in violation of trademarks."
"In-N-Out contended that Smashburger had also engaged in false advertising about the actual content of the Triple Double burger."
"The advertising in question included slogans like 'triple the cheese, double the beef' and 'C...'"
In-N-Out Burger initiated a federal lawsuit against Smashburger in 2017, claiming trademark infringement over the 'Triple Double' burger name, which they argued was too similar to their 'Double-Double' and 'Triple Triple' trademarks. The lawsuit expanded in 2018 to include allegations of false advertising regarding the content of Smashburger's burger. In-N-Out asserted that Smashburger's marketing misled customers and violated their established trademarks, highlighting the legal complexities surrounding brand representation in the fast-food industry.
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