In-N-Out Burger Presses Trademark Suit

In-N-Out Burger is hot under the collar, and has filed a lawsuit against a Wichita, Kan., dry cleaning company.

The Irvine, Calif., QSR chain accuses “In-N-Out Cleaners” of ripping off its name and distinctive red and yellow logo and font. Court documents say consumers pointed out the logo to the 313-unit burger chain since the cleaner’s sign went up last fall, and that some even said they saw the dry cleaner’s signs from far away and were disappointed when it turned out not to be an In-N-Out Burger.

There are six counts in the lawsuit including trademark infringement and trademark dilution. The suit specifically cites a change in In-N-Out Cleaners’ Facebook page, which has since been deleted. Since the suit was filed in February, the local company has changed its signage for one that reads "Emily's Cleaners.”

But In-N-Out hasn’t dropped its lawsuit, which cites that logos for both businesses use near-identical fonts and matching yellow and red color patterns. The chain seeks punitive damages and requests In-N-Out Cleaners "to deliver for destruction any and all signs or other advertising material that use the words In-N-Out."