A showdown could be brewing between a local fast-food operator and a U-S burger giant after the name “In-N-Out Aussie Burgers” was registered.
The American owner – which has been behind several pop-up restaurants in Australia – has won numerous legal battles in shutting down copycats.
Rich Asians Proprietary limited – which has registered the name here operates several outlets across South East Queensland with expansion plans into Logan City.
Eaglegate Lawyers Principal Nicole Murdoch has publicly stated, in her legal opinion, the Aussie company doesn’t really have a leg to stand on because the names are just too close.
The In-N-Out Burger group based in California has previously won numerous legal battles and has successfully shut down copycats.
Early last year, It operated a handful of pop-up stores across Australia.
The Californian based company has a history of legal claims in Australia.
Australian upstart Hashtag Burgers has found itself back in court for round two of an earlier trademark dispute.
Last year, Federal Court Justice Anna Katzmann said Hashtag Burgers had “sailed too close to the wind” with its “Down-N-Out” burger brand and ordered them to cease using the name.
Justice Katzmann ruled, it was possible people would confuse Down-N-Out for In-N-Out, and found the name infringed the registered trademark.
Since then, Hashtag Burgers co-owners have launched an appeal asking for Justice Katzmann’s ruling to be overturned, citing the “Phrase” as the legal basis.
Their lawyer argues, the ruling focused too heavily on the common “N-Out” between the names and not placed enough emphasis on “Down” and “In”.
These are not the only legal issues facing fast food operators. McDonald’s has sued Hungry Jack’s over its “Big Jack” burger, arguing it resembles the Big Mac.
