Legal News

Love It, but Don?t Copy It: In-N-Out?s Lesson to Wannabes

By Ashby Jones

For us, the iconic southern California fast-food restaurant, In-N-Out Burger, remains a constant source of both love and frustration. On the one hand, we can’t think of many things in this world that we like more than sitting down to a lunch of two In-N-Out cheeseburgers with onions and an order of fries. On the other, such lunches don’t happen as we’d like because In-N-Outs don’t exist east of Tucson, Arizona.

Apparently the geographic shyness is a source of frustration — and seeming opportunity — to others, as well. The Irvine, Calif., based chain seems to get embroiled in a fair share of trademark-infringement lawsuits aimed at folks elsewhere in the country who’ve allegedly ripped off something the company claims to own.

The latest: In-N-Out recently settled a trademark suit with Nicky’s In-N-Out restaurant of Bronzeville, Illinois. Click here for the story, from the OC Register. The company accused the Chicago area fast-food joint of copying the chain's iconic yellow arrow used in its logo.

In-N-Out takes "great steps to protect the In-N-Out name and arrow as a unique brand to our restaurant chain," In-N-Out attorney Arnold Wensinger said when the suit was initially filed.

Carl Van Fleet, In-N-Out’s vice president of planning and development, won’t say much about the settlement, citing confidentiality. “We can't discuss it other than to say (that) the matter has been resolved amicably.” But we really wouldn’t be surprised to see the Nicky’s sign undergo a bit of an alteration. Folks familiar with In-N-Out will, uh, recognize a similarity between the sign — as included in In-N-Out’s papers.

The chain has successfully defended its brand against other copycats over the years. In 2007, a judge ruled that Utah-based Chadders must stop using trademark In-N-Out burger names on its menu, such as "Double, Double." Click here for our LB post on that.

Speaking of law and burgers, we recently enjoyed BYU law professor Gordon Smith’s post on the Conglomerate about the best burgers in the country. Two that garnered specific mention: Holeman & Finch in Atlanta and the Zuni Cafe in San Francisco.

Full post as published by Law Blog - WSJ.com on August 10, 2009 (boomark / email).