Judge settles In-N-Out Burger beef
A US judge has granted an injunction against a bagel shop going by the name In-N-Out Bagel, three months after fast-food chain In-N-Out Burger brought a trademark infringement claim.
In July, In-N-Out Burger filed a lawsuit at the US District Court for the District of New Jersey, accusing the bagel shop of using a similar logo and design that are likely to cause confusion.
In-N-Out Burger’s marks, which were registered at the US Patent and Trademark Office, cover goods such as cheeseburgers, hamburgers, soft drinks and carry-out restaurant services.
“Defendant’s use of In-N-Out Burger’s distinctive trademarks implies that defendant provides In-N-Out products or In-N-Out-backed products to consumers, and that the quality and services that defendants offer are commensurate with the quality that In-N-Out Burger offers,” said the claim.
The fast-food chain stated that it had communicated with the bagel shop in April, advising In-N-Out Bagel that its mark is likely to cause confusion and sending a cease-and-desist letter.
According to In-N-Out Burger, the defendant ignored the letter and further attempts to correspond.
“Defendant is engaging in these infringing activities knowingly and intentionally for the purpose of trading on the goodwill and reputation of In-N-Out Burger,” it added.
On October 18, US District Judge Susan Wigenton granted In-N-Out Burger a permanent injunction against the bagel shop.
In-N-Out Bagel is enjoined from using the infringing marks, must immediately cancel any existing or pending corporate business registrations that use the infringing name, and must close any social media pages containing the marks (including the Facebook page for In-N-Out Bagel).
Default judgment was also granted before being served on In-N-Out Bagel on Sunday, October 22.
The case was terminated yesterday, October 26.
In February, WIPR reported that In-N-Out Burger had filed a trademark claim against a dry cleaning business, arguing that the company had infringed and diluted its marks and competed unfairly.
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories like this sent straight to your inbox.
