Triple Double is double trouble for Denver-based Smashburger

Elias Hubbard
August 30, 2017

"In-N-Out is informed and believes...that Smashburger...chose to adopt and use the Triple Double and Smashburger Triple Double marks to trade on the goodwill associated with In-N-Out's Registered Marks", the lawsuit says. In In-N-Out's view, the Triple Double is infringing on the Southern California-based burger chain's famed Double Double territory.

The Denver-based Smashburger" has created a burger it calls the "Triple double'- you see that on the right.

Both In-N-Out and Smashburger use lightly buttered sponge-dough buns for their burgers. The sandwich includes three burger patties and two slices of cheese, with chain co-founder Tom Ryan calling the burger "Smashburger's new iconic menu item" at the time.

Irvine, California-based In-N-Out Burger, which founded 40 years ago, has held registered trademarks for its Double-Double since 1963 and the Triple Triple since 1966, according to the lawsuit.

In-N-Out Burger is taking Smashburger to court, after claiming the "Smashburger Triple Double" too closely resembles their famous "Double-Double" burger. The better burger concept is known for using gourmet toppings such as goat cheese, truffle mayonnaise and mini portobello mushrooms.

In-N-Out claims that after Smashburger filed its trademark claims for its burger late past year, In-N-Out filed a notice of opposition with the Trademark Trial and Appeal Board in June 2.

So they are suing Smashburger for trademark infringement.

"Frankly, we are flattered by the attention In-N-Out has given our Smashburger Triple Double".

Other reports by Click Lancashire

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