Smashburger had a trademark infringement lawsuit filed against them by In-N-Out burger where they claim that Smashburger’s new item called the “Triple Double” burger is confusing and can mislead customers, hurting their business.
The “Triple Double” is way too similar to In-N-Out’s trademarked Double-Double and Triple Triple sandwiches. In-N-Out believes that Smashburger is being unfair since customers are likely to believe that they have approved or licensed Smashburger to use their trademarks or that both of these companies are affiliated with each each other’s services.
In July, Smashburger launched the Triple Double to celebrate their 10-year anniversary. The burger features 3 slices of cheese and 2 burger patties that is quite similar to In-N-Out’s Double Double and Triple Triple, with 2 patties and 2 slices of cheese or 3 patties and 3 slices of cheese.
This case is not the first time In-N-Out has taken legal action over their trademark. In the past, the company has brought disputes with other restaurants regarding their uniforms, décor, and logos similar to their own.