Wednesday, June 20, 2007

In-N-Out Sets Sights on Copycats


If you're like many entrepreneurial In-N-Out fans out there, you've thought of opening your own In-N-Out-Style burger joint in one of the many states that doesn't have one yet. Now you may have to think again as In-N-Out begins striking back with its suit against Chadder's. In our earlier review of Chadder's we pointed out the many similarities that are obviously copied from In-N-Out: menu design, architecture, secret menu item choices -- just to name a few.

I'm sure Chadder's is in some legal trouble here (each individual complaint sounds petty, but the culmination of all the imitations is difficult to defend) -- at least they could have made their infringement a little less blatant like Fiamma Burger did in Washington.

All that being said, why bother? Why sue a small business in a location you don't compete in? I suppose it's to stop the bad behavior before it spreads, for that I don't blame them. InO has been close to opening Utah locations in the past, this is further insight into their (slow) expansion plans.

Also, I recommend reading Tim Schreiber's opposing viewpoint on his blog, from there you can even read the court documents! Exciting.

Update: Chadder's has already made some changes in response to the lawsuit. The Cattle Network provides a great rundown of the suit here. Here's a quote:

"Moreover, its court response said that after being sued Chadders underwent some changes, among other things painting railings blue and switching to blue aprons for employees. Chadders also contended that In-N-Out locations around the West had inconsistent exteriors.

The case is continuing, but on June 29 the judge issued a temporary restraining order barring Chadders' use of trademarked names of In-N-Out sandwiches, including the Animal Style, Double-Double and 3x3 burgers. Chadders' employees were instructed to tell customers asking for such items that they aren't available."

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