In-N-Out Burger Sues Australian Burger Brand Over Similar Name And Offerings

Image via Kapi Ng /

In-N-Out Burger is going to court with a burger joint from Down Under that’s evidently inspired by the popular American chain.

The Sydney-based restaurant, aptly named ‘Down N’ Out’, is being sued for supposedly “misleading” consumers by infringing on In-N-Out’s name and logo to sell American-style burgers.

According to The Sydney Morning Herald, In-N-Out is ordering Down N’ Out to change its name, as well as pay the complainant damages or hand over profits that the latter earned from using the branding.

Down N’ Out is also being accused of “passing off,” which refers to when a business offers similar goods to a rival to deceive customers into believing there’s an association between the two.

Mashable Australia paid the chain a visit when it first opened in 2016, and found that its menu was indeed a tribute to the American franchise.

As its answer to In-N-Out’s ‘Animal Style’ burgers and fries, Down N’ Out serves ‘Tiger Style’ versions. Burgers with this option include mustard-grilled patties, caramelized onions, extra Thousand Island sauce, and extra pickles, and ‘Tiger Style’ fries are topped with caramelized onions, “burger sauce,” and cheese sauce.

The burgers at Down N’ Out are larger, however, and also come with vegetarian options.

Ben Kagan from Hashtag Burgers—Down N’ Out’s parent company—previously told Mashable Australia, “We don’t want to just rip it off, we wanted to make it a substantial burger.”

The beef likely won’t be over soon. The case was first presented in October last year, and In-N-Out has until June 2018 to provide evidence to back its claims.

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A post by Down N' Out (@downnout_) on Feb 2, 2017 at 4:46pm PST

[via Mashable, images via various sources]


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