The iconic burger chain In and out is so popular that other brands want to bask in its glory, even when it comes to misleading customers. Fast food on the west coast is suing an Australian hamburger chain for using its trademarked name on third-party delivery apps, leading to confusion among customers.
according to Nation’s Restaurant News, the In&Out Aussie Burgers has been accused of deliberately misleading customers on Uber Eats and Menulog, two popular food ordering platforms in Australia, into believing the virtual brand was affiliated with the US chain.
The Australian company’s name has an ampersand, while the original uses the recognizable “N” in its name. The logos of the brands are very similar, both with a yellow arrow and with the color prominent.
The bootleg brand, owned by Queensland-based RICH ASIANS pty. Ltd., has no physical locations and operates solely as a digital company. In-N-Out also has no restaurants in the country, but the previous limited-time pop-ups and guest appearances at Land Down Under were enough to confuse Australian customers. Experts speculate that the iconic chain uses sporadic pop-ups to maintain its trademark in the country, which must be used once every three years.
According to local reports, In-N-Out asked the parent company a few weeks ago to stop using the name, and recently filed a lawsuit.
“The applicant [In-N-Out Burger] has suffered loss and damage and, if the respondents are not permanently restrained, will suffer further loss and damage,” In-N-Out states in the declarations.
Several months ago, a Reddit user warned fellow citizen enthusiasts that the brand was an impostor and had no connection to the real In-N-Out.
“For those who thought it was a chance to try real In-N-Out Burger or finally took the plunge and opened in Australia, no, it’s Noodle Box,” the message read.
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