In-N-Out Burger v. Smashburger

In-N-Out Burgers v. Smashburger IP Holder LLC · 2019 · C.D. Cal.

What happened

In-N-Out challenged Smashburger's "Triple Double" naming against its own "Double-Double" and related family of marks.

The money

No reliable public figure. This dispute matters for the rule it settled rather than for a damages number, and many trademark matters resolve on confidential terms.

What it means for your business

Owning a family of related marks strengthens your position against a new entrant using the same pattern. Conversely, if a competitor has a naming family, borrowing its structure is risky even when no single name is copied.

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