Begun, the burger wars have. On Monday, In-N-Out filed a trademark infringement lawsuit against Smashburger, claiming the latter’s “Triple Double” (three slices of cheese and two meat patties, seen above) burger that was launched in July is too similar to In-N-Out’s “Double Double” (two slices of cheese and two patties). Here are more details, from Nancy Luna of The Orange County Register:
“Smashburger’s 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 Smashburger’s 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.
…Launched in mid-July, Smashburger’s Triple Double features two burger patties and three slices of cheese.
“This will be Smashburger’s 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.
On one hand, certain numbers of cheese and meat patties aren’t unique to any burger chain (and it’s notable that Smashburger’s Triple Double even splits the difference between In-N-Out’s Double Double and Triple Triple). On the other hand, though, In-N-Out’s Double Double is highly recognizable, and they’ve had that for a long time. We’ll see how this plays out in court. But even if Smashburger has to rename it, that’s not the end of the world. A combination of three slices of cheese and two patties of meat by any other name might well taste as delicious.
