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American burger giant sends cease and desist to tiny California bar for ‘copying’ its menu

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American burger giant sends cease and desist to tiny California bar for ‘copying’ its menu


An American burger giant is cracking down on its trademarks as it sends a small San Diego sports bar a cease-and-desist letter for copying its menu items. 

In-N-Out is forcing Fairplay to change the name of their animal fries and double-double burger as it claims it infringes on the chain’s trademarks – a feat the small sports bar rolled its eyes at. 

‘Cease & Desist what you’re doing right now, you’ve gotta see this,’ Fairplay wrote in a social media post on National Cheeseburger Day along with a photo of the redacted letter. ‘We’ve officially been recognized by Big Burger!’ 

In the letter, the chain reminded Fairplay that it owned ‘multiple federal and state registrations’ for the use of the words ‘animal’ and ‘double-double’ in relation to ‘burgers and restaurant services.’ 

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Fairplay isn’t new to playing fair, as its namesake would suggest, but that doesn’t mean they don’t play dirty. 

In compliance with the letter, the restaurant did change the name of the menu items, but not before poking fun at In-N-Out’s non-trademarked phrases, including renaming their animal fries to ‘Secret Menu Fries,’ which retail for $12 and $28, depending on size. 

In-N-Out is forcing Fairplay to change the name of their animal fries and double-double burger as it claims it infringes on the chain’s trademarks in a cease-and-desist letter (pictured) – a feat the small sports bar rolled its eyes at

'Cease & Desist what you're doing right now, you've gotta see this,' Fairplay wrote in a social media post on National Cheeseburger Day along with a photo of the redacted letter. 'We’ve officially been recognized by Big Burger!'

‘Cease & Desist what you’re doing right now, you’ve gotta see this,’ Fairplay wrote in a social media post on National Cheeseburger Day along with a photo of the redacted letter. ‘We’ve officially been recognized by Big Burger!’

In the letter, the chain reminded Fairplay that it owned 'multiple federal and state registrations' for the use of the words 'animal' and 'double-double' in relation to 'burgers and restaurant services'

In the letter, the chain reminded Fairplay that it owned ‘multiple federal and state registrations’ for the use of the words ‘animal’ and ‘double-double’ in relation to ‘burgers and restaurant services’

They renamed the sandwich to ‘Burger Burger,’ which costs $16, according to its new menu. 

Despite the name change, the two restaurants’ fry recipe remains the same with cheese, caramelized onions, and 1,000 island-style dressing. In-N-Out’s version retails for around $6. 

However, its burgers are slightly different, with In-N-Out’s coming with more ingredients. 

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The California chain’s Double-Double combo – which retails for around $11 – comes with two patties, two slices of American cheese, onions, lettuce, tomato, and its 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 does not say if it comes with any vegetables or sauce, although up-charged substitutions like fried pickles and mac and cheese can be made. 

Fairplay shared the cease-and-desist letter with its patrons as a way to ‘announce we’ve made some sudden name changes to our menu.’ 

‘This feels like the perfect time to pop In-N-Grab a Burger Burger & some Secret Menu Fries. Or double up! Sorry, we don’t mean to tell you what to order,’ it joked. 

‘We’re not animals…just not our style.’ 

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Fairplay's 'Secret Menu Fries'

In-N-Out's 'Animal-Style' fries, which are available on their secret menu

In compliance with the letter, the restaurant did change the name of the menu items, but not before poking fun at In-N-Out’s non-trademarked phrases, including renaming their animal fries to ‘Secret Menu Fries’ (left). In-N-Out has ‘Animal-Style- fries on their secret menu 

Fairplay's 'Double-Double' was renamed the 'Burger Burger' (pictured)

In-N-Out's Double-Double (pictured)

They renamed the sandwich to ‘Burger Burger’ (left). The California chain’s sandwich (right) comes with two patties, two slices of American cheese, onions, lettuce, tomato, and its secret sauce on a toasted bun, whereas Fairplay’s is two patties and two slices of cheese 

The San Diego restaurant encouraged its patron to order both new renamed items. 'Sorry, we don’t mean to tell you what to order. We’re not animals…just not our style,' it poked fun

The San Diego restaurant encouraged its patron to order both new renamed items. ‘Sorry, we don’t mean to tell you what to order. We’re not animals…just not our style,’ it poked fun 

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 that are popping up in Mexico called In-En-Aut, which have left the chain on high alert for others riding its coattails. 

In order for In-N-Out to maintain its trademarks it has to be used them and enforce them legally. 

The chain has extended its trademark to Mexico, although it does not have any stores outside the US.  



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California

Springs Fire in southern California reaches 45% containment as evacuations continue

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Springs Fire in southern California reaches 45% containment as evacuations continue


RIVERSIDE, Calif. — Crews were making progress Saturday battling a fast-growing and smoky wildfire in southern California that broke out Friday morning, prompting mandatory evacuations and warnings.

Now encompassing roughly 6.3 square miles (about 16 square kilometers) east of Moreno Valley in Riverside County, the Springs Fire was 45% percent contained on Saturday, according to a state website. It was 25% contained on Friday.

More than a dozen zones in the county remained under mandatory evacuation orders or evacuation warnings, while six have been dropped. It was not immediately known how many households were affected by the orders.

Firefighters were battling strong winds. The National Weather Service issued an advisory for 15 mph to 20 mph winds, with gusts up to 45 mph, into Saturday afternoon. An air quality alert has also been issued for harmful fine particle pollution levels due to wildfire smoke.

Hundreds of people have been battling the blaze using helicopters, engines and water tenders. It’s located in a populated unincorporated part of Riverside County, in a recreational area near the city of Moreno Valley, which has a population of roughly 200,000. The city is 10 miles southeast of Riverside and 64 miles east of Los Angeles.



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A fast-growing wildfire in windy Southern California triggers evacuations

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A fast-growing wildfire in windy Southern California triggers evacuations


RIVERSIDE, Calif. — A smoky and fast-growing wildfire Friday in windy Southern California has prompted multiple evacuation orders and warnings.

The Springs Fire broke out at around 11 a.m. Friday and by the evening had grown to about 5.47 square miles (14.17 square kilometers), with fire crews starting to contain it. The cause of the fire east of Moreno Valley in Riverside County is under investigation. It was not immediately known how many households are under evacuation warnings or orders.

The fire was burning in a populated — but not densely so — unincorporated part of Riverside County, in a recreational area near the city of Moreno Valley, which has a population of roughly 200,000. The city is 10 miles (16 kilometers) southeast of Riverside and 64 miles (103 kilometers) east of Los Angeles.

Springs Fire In Moreno Valley Explodes To Burn Over 3,500 Acres
A firefighting aircraft sprays red flame retardant at the site of the Springs Fire, on Friday.Qian Weizhong / VCG via Getty Images

“It’s windy out there,” said Maggie Cline De La Rosa, a public information officer for the California Department of Forestry and Fire Protection in Riverside County.

Alex Izaguirre, a spokesperson for the Cal Fire Riverside County, said the wind is “spreading the smoke,” prompting concerned calls from residents in neighboring cities who can see and smell the smoke.

The National Weather Service issued a wind advisory for San Bernardino and Riverside County valleys through Saturday afternoon, with gusts of up to 50 mph (80 kph) expected.

“Tree limbs could be blown down and a few power outages may result,” the advisory read.

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Doctors, nurses arrested in Southern California health care fraud investigation

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Doctors, nurses arrested in Southern California health care fraud investigation


LOS ANGELES — The U.S. Department of Justice on Thursday announced what they called a major health care fraud takedown throughout Southern California, which included the arrest of doctors and nurses.

First Assistant U.S. Attorney Bill Essayli was joined during a press conference by several law enforcement agencies including the FBI, and Dr. Mehmet Oz, head of the Centers for Medicare and Medicaid Services.

They said they served a series of search and arrest warrants throughout the region, from Covina to Lakewood in Los Angeles County. Eight people were arrested and more than a dozen are being charged for suspected health fraud.

They also mentioned fraudulent hospice care.

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“These defendants recruited beneficiaries who were not terminally ill, and paid them to pose as patients receiving hospice care. Medicare then paid millions of dollars – hundreds of millions of dollars – on false and fraudulent claims submitted by fraudsters,” said Essayli.

Among those arrested were a Covina couple. Prosecutors said 66-year-old psychologist Gladwin Gill and his wife, Amelou Gill, a registered nurse, operated a fraudulent hospice business out of Glendale.

“This particular hospice submitted more than $5.2 million in fraudulent claims, and Medicare actually paid out more than $4 million,” Essayli said.

Gill’s attorney told our sister station, ABC7 Eyewitness News in Los Angeles, he denies the allegations and looks forward to his day in court.

Oz announced a broader review of hospice providers in the state.

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“We’re going to review every single hospice in California to make sure that they’re all appropriate, and we hope to do that expeditiously. We’ll do it this year,” Oz said.

During the news conference, federal authorities were questioned about a video California Gov. Gavin Newsom said in January his office was reviewing. In that video, Oz, who is Turkish American, was shown standing in front of an Armenian-owned bakery in Van Nuys while alleging widespread fraud in the area.

Essayli confirmed that none of the defendants named Thursday were connected to that video. Oz responded to outcry that his accusations, which the business owner denounced as false, were discriminatory.

“I was stating the facts as they’ve been explained to me, and we have a lot of evidence of where the fraud is, just looking at the numbers,” Oz said.

Oz did not provide any evidence against a specific business in connection to that video. He suggested that half of Los Angeles County hospice care facilities are fraudulent, pointing to survival percentages as evidence.

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“World experts at CMS say if you’ve got 100% or near survival, certainly if you’ve got a survival over 50% for population that’s supposed to have passed in six months, you’ve got a problem,” he said.

Newsom responded to accusations that California had not done enough to address hospice fraud, saying in part, “The Trump Administration – home to the biggest fraudsters on Earth – is trying to blame California for issues with THEIR federal programs.”

His press office said the state has taken action for years, including suspending more than 280 licenses and banning new ones.

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