It seemed like only a matter of time, but ever-popular American burger chain In-N-Out has taken legal action against Sydney upstart and similarly-named eatery, Down N’ Out.
It’s no secret that both restaurants appeal heavily to carnivores and burger aficionados, but now it seems like Down N’ Out may have gotten a little too close for comfort. According to the Sydney Morning Herald, In-N-Out launched action against Hashtag Burgers – who operate Down N’ Out restaurants in Sydney’s CBD and Ryde – last October, with a court date set for June 2019.
Additionally, they report that In-N-Out believes that the Aussie startup has “infringed its trademark and engaged in misleading or deceptive conduct by using the Down N’ Out name and logo to market American-style burgers in Sydney.” They also claim that Hashtag Burgers has engaged in ‘passing off,’ whereby they’ve represented that their burgers were made with a green light from the In-N-Out camp. They want Down N’ Out to discontinue using their name, and also to hand over damages for their trouble.
In-N-Out are also arguing that since they advertise an operate pop-up restaurants in Australia, they have a “substantial reputation and goodwill” down under. Meanwhile, Hashtag Burgers say that In-N-Out “does not conduct its fast-food business in Australia and therefore has no goodwill in Australia” to protect.
We’ll have to wait and see who emerges on top in the burger battle.
