The suit alleges that the Denver-based chain’s new Triple Double sandwich looks, smells and sounds too much like In-N-Out’s own beloved fare. In-N-Out argues that Smashburger’s Triple Double infringes on its trademark and dilutes its distinctive quality. In a prepared statement released Tuesday, Smashburger co-founder and Chief Executive Tom Ryan said the Triple Double burger “is not comparable to any In-N-Out menu offering.”Smashburger Smashburger's new Triple Double burger. For example, he said, they could have named the burger a Triple Double Smashburger, which would put emphasis on the Smashburger. Until then, he said, the Smashburger’s Triple Double is “almost like a kissing cousin” to In-N-Out.

Source: Los Angeles Times August 30, 2017 00:22 UTC