Trademark News & Screw-ups In-N-Out sues Smashburger over alleged ‘Triple Double’ burger trademark infringement

When you register your trademarks, you really don't want to have to enforce them against copycats. You'd rather know you could win but rather not be in the situation to actually find out. In-N-Out has got several trademarks that cover DOUBLE DOUBLE. And while a consumer who frequents Smashburger would not be likely to be mislead into believing that their burgers are made by or with authorization from In-N-Out Burger, the whole point of trademark registration process is that likelihood of confusion is presumed when a similar name is used by a competitor in association with identical or very similar products or services. If you look it from this perspective, TRIPLE DOUBLE does look too close to DOUBLE DOUBLE for Smashburger to be able to get away with it.

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