In-N-Out suing Australian restaurant for using the name Down N' Out

https://www.sfgate.com/food/article/In-N-Out-Down-N-Out-copyright-trademark-lawsuit-12829801.php




But even though Down N' Out isn't exactly huge competition for a beloved fast food chain that has more than 300 locations nationwide, In-N-Out is still taking the restaurant to court.

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The company filed a lawsuit against Down N' Out's owner, Hashtag Burgers, in an Australian court, claiming its trademark was violated and Down N' Out has been misleading customers by passing off its goods as similar to In-N-Out's, according to the Sydney Morning Herald. In-N-Out claims the Australian restaurant has been unfairly benefiting from the American fast food chain's "substantial reputation and goodwill."

In-N-Out is reportedly asking the court to order Down N' Out to change its similar, albeit slightly sadder name, pay damages, and fork over any money it made from using the name.