A US hamburger giant is taking a tougher stance on trademarks and has sent a letter to a small sports bar in San Diego urging it to copy its menu.
In-N-Out is forcing Fairplay to change the name of its animal fries and double-double burger, claiming it infringes on the chain’s trademarks. The small sports bar watched in disgust.
“Cease & Desist what you’re doing now, you gotta see this,” Fairplay wrote in a social media post on National Cheeseburger Day, along with a photo of the redacted letter. “We are officially recognized by Big Burger!”
In the letter, the chain reminded Fairplay that it had “multiple federal and state registrations” for using the words “animal” and “double-double” in relation to “hamburgers and restaurant services.”
Fairplay is not new to fair play as the name suggests, but that does not mean they do not cheat.
In accordance with the letter, the restaurant has changed the names of its menu items, but not without first poking fun at In-N-Out’s non-trademark statements. For example, it changed the name of its animal fries to “Secret Menu Fries,” which retail for $12 and $28 depending on the size.
In-N-Out is forcing Fairplay to change the name of its animal fries and double-double burger, claiming it infringes on the chain’s trademarks in a letter asking them to stop offering the products (pictured). The small sports bar watched in disgust.
“Cease & Desist what you’re doing now, you gotta see this,” Fairplay wrote in a social media post on National Cheeseburger Day, along with a photo of the redacted letter. “We are officially recognized by Big Burger!”
In the letter, the chain reminded Fairplay that it held “multiple federal and state registrations” for using the words “animal” and “double-double” in relation to “hamburgers and restaurant services.”
They called the sandwich the “Burger Burger,” which costs $16, according to the website. new menu.
Despite the name change, the recipe for both restaurants remains the same, with cheese, caramelized onions and 1000 Island-style dressing. In-N-Out’s version costs around $6.
In-N-Out’s burgers, however, are a little different: In-N-Out’s contain more ingredients.
The California chain’s Double-Double combo, which retails for about $11, features two burgers, two slices of American cheese, onions, lettuce, tomato and the secret sauce on a toasted bun with fries.
Fairplay’s Burger Burger comes with two patties and two slices of cheese, and a side of fries. It doesn’t say whether it comes with vegetables or toppings, though pricier substitutions like fried pickles and macaroni and cheese can be made.
Fairplay shared the letter with its guests to “announce that we have suddenly made some name changes to our menu.”
“This feels like the perfect time to order an In-N-Grab Burger Burger & some Secret Menu Fries. Or double! Sorry, we don’t want to tell you what to order,” it joked.
‘We are not animals…just not our style.’
In accordance with the letter, the restaurant changed the names of the menu items, but not before poking fun at In-N-Out’s non-trademark phrases, including renaming their animal fries to “Secret Menu Fries” (left). In-N-Out has “Animal-Style-fries” on their secret menu
They renamed the sandwich the ‘Burger Burger’ (left). The California chain’s sandwich (right) features two patties, two slices of American cheese, onions, lettuce, tomato and their secret sauce on a toasted bun, while Fairplay’s features two patties and two slices of cheese.
The San Diego restaurant encouraged its guests to order both of the new, renamed items. “Sorry, we don’t want to tell you what to order. We’re not animals… just not our style,” the
DailyMail.com has reached out to Fairplay and In-N-Out for comment.
The legal letter comes as In-N-Out continues to battle copycat restaurants popping up in Mexico under the In-En-Aut name, putting the chain on high alert for others looking to profit from the acquisition.
To maintain its trademarks, In-N-Out must use and legally enforce them.
The chain has expanded its trademark into Mexico, but has no stores outside the US.