In-N-Out sues Australian burger joint called Down N’ Out
Californian burger chain In-N-Out has no presence in Australia. Or anywhere much further than the U.S. west coast and Texas, really.
That hasn’t stopped In-N-Out from suing Sydney-based restaurant Down N’ Out, which opened in 2016 and served burgers that were a tribute to the cult chain.
As reported by the Sydney Morning Herald, In-N-Out claimed the Australian restaurant infringes on its trademark and engaged in misleading or deceptive conduct by using the Down N’ Out name and logo.
In-N-Out also claims Down N’ Out was “passing off,” which alleges the Australian business of misrepresenting an association with the Californian chain to sell burgers.
Despite never opening a restaurant there, In-N-Out claimed it enjoys “substantial reputation and goodwill” in Australia.
Legal proceedings were launched in Australia’s Federal Court in October last year, and In-N-Out has until June to submit evidence to support its claims.
In-N-Out wants Down N’ Out to stop using the brand, and to pay damages or hand over profits made while using the name.
In 2012, In-N-Out also sued another vaguely similar chain, Caliburger, which operates restaurants in far-flung locations like Mexico, Saudi Arabia, and erm, Washington, D.C.
The two businesses settled out of court, and Caliburger subsequently changed “Animal Style” to “Wild Style,” among other changes to tone down the In-N-Out parlance.
Hashtag Burgers, the company who runs Down N’ Out, declined to comment when contacted by Mashable.