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.’
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!’
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.
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.’
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
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
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.
