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9 February 2017Trademarks

Take you to the cleaners: In-N-Out Burger files TM infringement suit

US fast-food restaurant In-N-Out Burger has filed a trademark infringement lawsuit against a cleaning business.

In-N-Out Burger filed its suit (pdf) against In-N-Out Cleaners at the US District Court for the District of Kansas on Monday, February 6.

It argued that the dry cleaners infringed and diluted its marks and competed unfairly.

The fast-food restaurant added that it has used its ‘In-N-Out Burger’ trademark since 1960 to identify its specially-prepared sandwiches.

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.

The restaurant said that it owns design marks which feature a yellow arrow with the name “In-N-Out Burger” written on it in red, as well as white.

According to the suit, In-N-Out Cleaners has adopted the fast food business’s marks and used two logos that closely resemble In-N-Out Burger’s marks.

The dry cleaning business advertises its services on Facebook. Yesterday, February 8, In-N-Out Cleaners updated its cover photo and profile picture on the social media site.

In-N-Out Burger argued that In-N-Out Cleaners purposefully copied its trademarks, font, colours and name.

The company has asked for a preliminary and permanent injunction against In-N-Out Cleaners, damages, costs, attorneys’ fees, a trial by jury and any other relief the court may deem necessary.

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