N-Out Is Taking Smashburger to Court Over This Big Cheeseburger

Smashburger

Smashburger

The Southern California institution, whose large fan base is the envy of its rivals, said In-N-Out owns multiple trademarks for its various sandwiches.

In comparison, In-N-Out's Double-Double combines two beef patties and two slices of American cheese while their "Triple Triple" (often referred to as 3×3) is made with three patties and three slices of American cheese, Eater pointed out.

"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".

Smashburger's Triple Double (left) and In-N-Out's Double Double.

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Smashburger, which was founded in 2007, expanded to Orange County five years ago and now has three locations there, according to the Register.

Burger chain In-N-Out is suing Smashburger over the Denver-based chain's "Smashburger Triple Double", which In-N-Out believes is too similar to its iconic "Double Double" burger, filing a lawsuit on Monday.

The California-based company claimed they've had trademarks for its Double-Double since 1948 and Triple Triple since 1966. The offering was similar to In-N-Out's famed "Animal-style" burgers.

"Smasburger's use of In-N-Out's famous trademarks implies that the quality of the goods and services offered by Smashburger is the same as that of In-N-Out", it says.

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"Frankly, we are flattered by the attention In-N-Out has given our Smashburger Triple Double".

In-N-Out asks the federal judge to permanently enjoin Smasburger from using either of its "Triple Double" terms, as well as issue preliminary and permanent injunctions barring Smashburger's use of the terms.

Smashburger's communications team has yet to return requests for comment on the lawsuit.

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