California folks know there’s no substitution for In-N-Out’s “Double Double” burger. That’s exactly what the franchise is claiming in a new lawsuit against Smashburger.
The Cali burger chain has filed a trademark infringement lawsuit against Denver-based Smashburger, claiming the rival’s “Smashburger Triple Double” is biting off their famed “Double Double”, reports the OC 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.
Apparently, In-N-Out owns multiple trademarks for its sandwiches, some dating back more than 40 years ago.
Smashburger launched its Triple Double in mid-July. It features two burger patties and three slices of cheese.