In-N-Out Sues Maryland's Grab-N-Go For Trademark Infringement [UPDATED]

Cult favorite In-N-Out Burger is suing Aberdeen, MD burger joint Grab-N-Go for trademark infringement and dilution. The suit, which is posted in its entirety here, alleges that Grab-N-Go cribbed menu ideas and graphic design from the Irvine-based fast food chain, and asks for damages to compensate for damage to the integrity of the In-N-Out brand. Eater's Raphael Brion seized on the similarities between Grab-N-Go's "Wild Style Burger" and In-N-Out's off-the-menu but widely-known "Animal Style Burger."

There are also some major differences between the two. Grab-N-Go serves hot dogs, for example. But the overall format of the restaurant is pretty close to the one at In-N-Out, as this chart comparing their menus demonstrates:

To some degree, of course, hamburgers, hot dogs and Cokes are just what fast food restaurants serve. And restaurant copyright law is notoriously complex. (Those two factors have also complicated this summer's Shake Shack-Milk Burger scuffle.) And for what it's worth, the Yelp reviews for Grab-N-Go do not make it sound like a worthy competitor to the chain that Consumer Reports called the America's favorite. But the logos really are similar. And maintaining the purity of the In-N-Out brand will be increasingly important if the chain decides to expand East.

For more background, ABC reported on the story in Baltimore.

UPDATE 8/26: Grab-N-Go Burger is "livid" about the case and the controller claims he has never heard of the West Coast chain.

CORRECTION: An earlier version of this article misstated the nature of the lawsuit. In-N-Out is suing for trademark infringement and dilution, not copyright infringement.

Comments

[allwebslinked]

10:53 PM on 08/27/2011

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[calipally]

05:12 AM on 08/27/2011

Obviously a ripoff. You protect your business from people who can't come up with their own ideas. BTW, if you don't live in CA and you don't eat at In-n-Out, then don't comment on stuff you nothing about.

[romigua]

03:46 PM on 08/26/2011

This reminds me of the move "Coming to America". There was a family that owned a restaurant called McDowells. The owner was always worried that McDonalds was going to sue him :)

[Sizzzle]

03:18 PM on 08/26/2011

there is no way that the grab-n-go controller has never heard of In-N-Out.

[heathadawn]

12:54 PM on 09/26/2011

ummmm.... yes there is... MOST of the east, let alone the small town of Aberdeen, MD,has never heard of In-n-Out, until they sued our little local burger joint... why would we??? the company has never been east of the Rockies??? Hopefully now they won't ever come. Because they can be darned sure they won't be welcome around here!

[huffingtor]

09:47 AM on 08/25/2011

Seems like they ripped off Five-Guys as well.

[Danny Manson]

06:41 PM on 08/24/2011

How pathetic. In n Out will not expand east of the Rockies, but if another company opens a burger joint 2500 miles away with a similar color scheme they sue.
Hey In n Out, I made a burger at home today. Are you going to sue me too?

[Danny Manson]

07:02 PM on 08/24/2011

In N Out. Let me help validate your claim. I’m going to pull into your drive thru and order $50 dollars worth of food. Then when I get to the window I’m going to say “can you please cancel that order, I thought I was at Grab N Go” then drive away.
Greedy, selfish and no longer my favorite burger.

[No stinking fans]

02:21 PM on 08/24/2011

Whats next?
Maybe they could sue over copyright infringement if another chain has a cook picking his nose over the fryer as well.

[WTEffington]

12:43 PM on 08/24/2011

Weak. And I think McDonalds should sue In-n-Out for infringing on their trademark. Similar color scheme with a broad yellow streak.

[hjtermite2]

01:29 PM on 08/24/2011

You might want to check your facts first before you post, in & out was founded in 1948. mcdonalds was founded in 1955.

[clearthinker2008]

07:14 PM on 08/24/2011

More facts. The Mcdonald Brothers, Dick and Mac, opened the first one back in 1940 then they sold before shutting down for renovations coming back with a new menu 3 months later, but same spot, same brothers, then they sold it and the rest is history.

[frank day]

09:12 AM on 08/24/2011

Classic case of a bigger business using lawsuits to intimidate competition.

Shame on them.

[roc-o-rama]

12:53 PM on 08/24/2011

That's what I was just thinking myself, aside from the logo's looking similar, the menu boards aren't alike in my opinion. Well said Frank!

[Carbon Forteetoo]

09:06 AM on 08/24/2011

There go my plans for launching my newest fastfood concept: "Scarf-N-Barf Tacorrhea"

[Al Schrader]

05:32 AM on 08/24/2011

So if they called an Out N In that would be ok ? You can make any sign you want. CAll your restuarant anything you want. Pay & stay, grab & run, fried & ride, etc.

[fine7760]

04:54 AM on 08/24/2011

I used to work with a guy who claimed to be a vegitarian. He never ate meat except at In & Out. He grew up near one and always loved them.

[purenergy]

03:58 AM on 08/24/2011

I went to an In n Out in California...I don't get what the hype is about. It was a burger. You want a good burger at a chain, go to 5 Guys...yum.

[mccann25]

04:07 AM on 08/24/2011

Save your money, 5 Guys is horrible, In and Out is way better than 5 guys in terms of burger, both places have really horrible fries.

[citizenEP]

10:59 AM on 08/24/2011

I respectfully disagree...vehemently. :)

[purenergy]

03:53 PM on 08/24/2011

I guess that is your opinion, but not mine. I have been to both and I prefer Five Guys...and I love their fries.

[exxman]

02:21 PM on 08/27/2011

Five Guys is expensive and greasie.

[Christopher Storm]

03:04 AM on 08/24/2011

WHO CARES??

[clearthinker2008]

07:16 PM on 08/24/2011

Grab N Go and In n Out and anyone who reads the article such as yourself and folks who comment, again such as yourself.

[Christopher Storm]

09:05 PM on 08/24/2011

Actually, I DO NOT CARE, otherwise I would not have typed “WHO CARES??” I happened to see a headline that does not matter in any way shape or form to me. I saw the headline, thought it was a useless story and commented.. Go TROLL on another site.

[LibertyDeathWatch]

02:37 AM on 08/24/2011

This seems like a pretty clear cut case of infringement. There are enough similarities that it it could cause consumer confusion for those who know about In-N-Out as well as what it might look like if they try to expand to the East Coast.

It's not just the colors, just the logo, etc., it's as if they copied the whole business and tried to change just enough to stay out of trouble which they obviously have not. Now they're going to spend a whole bunch of money defending against a law suit that they're probably going to lose anyway.