American giant In-N-Out Burger sues Australian business for trademark infringement

American giant In-N-Out Burger sues Australian business for trademark infringement

The owner of an Australian business accused of ripping off In-N-Out Burger’s trademark has hit out at the American fast food giant for sending him “pressuring” letters before slapping him with a lawsuit.

The popular West Coast chain alleges Queensland-based business Rich Asians ripped off its iconic name and logo while selling burgers on home delivery services UberEats, Menulog and DoorDash.

It is not the first lawsuit In-N-Out has filed in Australia, having won a previous battle with a burger store named Down N’ Out that now trades as Nameless Bar.

The chain has no outlets in Australia but occasionally runs pop up shops.

On Wednesday, In-N-Out’s latest legal battle landed in the Federal Court where Rich Asians owner Puneet Ahori said the allegations he was passing off as In-N-Out were not true.

The court heard Rich Asians operated “dark kitchens” — selling food exclusively through delivery services — in four areas of Queensland.

In-N-Out barrister Megan Evetts said Rich Asians had initially used the name “In-N-Out Aussie Burgers” and an exact copy of the In-N-Out logo on home delivery services.

After receiving a cease and desist letter, she said, the business changed the name to “In & Out Aussie Burgers” and a different logo that — like In-N-Out — still contains arrows.

“(Rich Asians) are still using In-N-Out in relation to particular goods, including fries,” she told the court.

Ms Evetts said the similarity had confused customers and her clients were very concerned by negative reviews appearing to conflate the two.

She said In-N-Out tried to resolve the dispute but Rich Asians had not meaningfully engaged with legal letters and instead given interviews to various media outlets, meaning the chain had been forced to go to court.

Mr Ahori said he wanted to find a solution but disagreed he was passing his business off as the American chain.

“I do not agree with that, that I am using the same name and trying to confuse the people,” he said. “That is not true.”

“Each letter I have received from them it is basically pressuring me to change the name.”

Mr Ahori also said he could not afford a lawyer so would represent Rich Asians in court himself.

After he said he would do his best to submit a defence by August 18, Justice Burley said: “If I make an order, you’ll have to comply with it. It’s not enough to say, ‘I’ll give it a good shot’.”

Justice Burley suggested Mr Ahori get legal advice, pointing out he was being accused of trademark violations, misleading and deceptive conduct and passing off — all technical areas of law.

Mr Ahori was ordered to file a defence later this month.

News Related

OTHER NEWS

McDonald's Pledges to Rid Happy Meals of Plastic Toys by 2025

© Aleks822/Shutterstock Remember how McDonald’s was pretty much responsible for popularizing the use of single-use plastic in fast-food restaurants? Well don’t worry, little chickens, because Daddy McD, guilty of doing ... Read more »

A Celeb-Approved L.A. Hot Chicken Chain Makes Its Houston Debut This Week

© Dave’s Hot Chicken Drake-endorsed Dave’s Hot Chicken will open its first Houston location this weekend Dave’s Hot Chicken, a popular Nashville-style hot chicken chain that counts rapper Drake and ... Read more »

Inside Bar Chinois, a Scene-y New Spot for Dim Sum and Cocktails Full of French Spirits

© Rey Lopez/Eater D.C. The green neon sign in the men’s bathroom at Bar Chinois tells customers what they’re in for, even if many of them won’t be able to ... Read more »

At Long Last, the Michelin Guide Announces Bib Gourmands for California in 2021

© Albert Law It’s been a long hiatus from any updates to the Michelin dining guide. The Michelin stars for fine dining and more informal and affordable Bib Gourmands were ... Read more »

A New Vision Emerges at Sightglass Hollywood, 18 Months Into the Pandemic

© Kort Havens Breakfast sandwich at Sightglass in Hollywood. Popular all-day option Sightglass in Hollywood is readying for a whole new chapter, though from the outside it may seem like ... Read more »

The Family Behind Maker's Mark Has Opened Their House for Overnight Stays

© Provided by Food & Wine Courtesy of The Samuels House Whiskey lovers have plenty of places to vacation. We’ve covered whiskey-themed hotels in London, New York, and Los Angeles, ... Read more »

Oregon City Brewing Is Planning a Sprawling Taproom and Food Hall in Canby

© Getty/Eater Oregon City Brewing Will Open a New Location in Canby Oregon City Brewing is opening a massive new taproom in the former Canby Public Library. The Canby Beer ... Read more »

Rossi's, the River North Dive Bar, Mandates Vaccines for Customers

© Ashok Selvam/Eater Chicago Rossi’s has a new policy. Rossi’s Liquors, one of the few dive bars left in Downtown Chicago, is requiring customers to show proof of a COVID-19 ... Read more »

Metro Detroit's Most Anticipated Restaurant Openings, Fall 2021

© Gerard + Belevender Union Assembly The pandemic is far from over, and most restaurants are crippled by a shortage of workers. This fall, however, the restaurant scene seems to ... Read more »

Sami & Susu Channels a 60s Cartoon but Its Food Is the Real Deal

© Provided by Eater Sami & Susu’s chicken schnitzel comes with tahini, zhoug, and a lemon wedge. New York is filled with countless chains and delis where one can find ... Read more »

Sami & Susu Channels a 1960s Cartoon, but Its Food Is the Real Deal

© Provided by Eater Sami & Susu’s chicken schnitzel comes with tahini, zhoug, and a lemon wedge. New York is filled with countless chains and delis where one can find ... Read more »

Michelin Guide Bestows Bib Gourmand Status on Five San Diego Restaurants

© Shutterstock Five San Diego area restaurants have been selected to Michelin Guide’s Bib Gourmand category, a designation given by its inspectors to “good quality, good value restaurants” that, according ... Read more »

Cause of the Fire That Destroyed Mt. Charleston Lodge Ruled Undetermined

© Mt. Charleston Lodge/Facebook Mt. Charleston Lodge. A Clark County Fire Department official says that the cause of the fire that completely destroyed the Mt. Charleston Lodge remains undetermined, but ... Read more »

Making Breadcrumbs At Home Could Not Be Easier

© Getty Images Breadcrumbs add a tasty crunch to a number of dishes. So, let’s get into the nitty gritty of how to actually make breadcrumbs and panko breadcrumbs. Making ... Read more »

Netizens ask why so cheesy?

You may have steered clear of cheesy pick-up lines in the past, but you can’t avoid grated cheese on your next plate of pav bhaji. With appetizing and ‘gratest’ #cheesegoals ... Read more »

I tried Disney World's Dole Whip for the first time, and it was one of the best desserts I've ever eaten

© Amanda Krause/Insider A pineapple-and-vanilla swirl Dole Whip at Disney World. Amanda Krause/Insider I visited Disney World in August and tried Dole Whip for the first time ever. I absolutely ... Read more »

15 of the best wine subscription boxes, from Virgin Wines to Savage Vines

© Littlewine littlewine bottles.jpg The silver lining of the sad news that lockdown is here and pubs can’t even serve a takeaway pint?  You can spend all the cash you ... Read more »

Magnolia S'pore new luscious strawberry milk (S$3.95) tastes like strawberry Chupa Chups

© Provided by Mothership Magnolia Singapore recently launched a new addition to its variety of flavoured milk—the Luscious Strawberry Low Fat Milk. The limited-edition dairy product is labelled 25 per ... Read more »

‘Great British Bake Off' Cake Week Was One Big Meme Generator

© Great British Bake Off Contestant Crystelle with Paul, Prue, and Noel. Welcome to the Eater round-up of Great British Bake Off 2021, as Paul Hollywood, Prue Leith, Matt Lucas, ... Read more »

This Is The Only Stuffing Recipe You'll Ever Need

A good stuffing makes or breaks Christmas dinner. Here’s what you need to know to make a crowd-pleaser. What even is stuffing? At its simplest, stuffing is a seasoned bread ... Read more »

These Bake Off Memes Perfectly Portray The Stress Of Episode 1

The Great British Bake Off 2021 is back and we are absolutely thrilled to finally be meeting the contestants and getting to know them in the tent and on social ... Read more »

This Is The Only Cheesecake Recipe You'll Ever Need

Cheesecake is one of those desserts that’s amazingly classic—making one kinda feels like a rite of passage. Mainly, because it takes SO long to make one from start to finish. ... Read more »

Small Appliances To Change The Way You Cook

© Provided by Yummy PH Cooking can be intimidating enough without a recipe telling you that you need a special tool, gadget, or appliance to make a delicious dish. For ... Read more »

Save Oven Space And Make This Insanely Good Slow Cooker Stuffing

Utilising your slow cooker is one of the best ways to keep your oven free for the major players like turkey and pie. Keep a few things in mind when ... Read more »

McDonald's pledged to phase out its plastic Happy Meal Toys, but environmental experts say the company's real problem is its use of beef

© Provided by INSIDER McDonald’s plans to “drastically” reduce the plastic in its Happy Meal toys worldwide by 2025. Dee-Ann Durbin/AP Photo McDonald’s has pledged to phase out the use ... Read more »

Prue Leith avoids weight gain on Bake Off by adopting this extreme tactic

© Provided by Evoke.ie It’s the one question that has baffled potential star bakers and all of us at home forever: how on earth do the Bake Off judges get ... Read more »

FSSAI launches logo for vegan foods; know more about it here

© Provided by The Indian Express Considering the rise in veganism and, as such, the consumption of vegan food products, the Food Safety and Standards Authority of India (FSSAI) has ... Read more »

Woah, Koko Krunch Now Comes As Chocolate Chip Cookie Cereals

© Provided by Yummy PH When you don’t have the time to cook breakfast, there’s absolutely no shame in grabbing a box of your favorite cereal, a carton of milk ... Read more »

LIST: Pampanga Restaurants And Cafés Where You Can Park + Dine

© Provided by Yummy PH Eating inside the confinements of your car, with or without the company of family and friends, is one of the safer options that allows you to ... Read more »

Chocolate banana cupcake with Nutella frosting recipe

© Provided by Yummy PH Cocoa powder, chocolate chips, and a nutty chocolate frosting just made a simple banana cupcake recipe even more irresistible! © Provided by Yummy PH Prep ... Read more »

Tired of Food Delivery? Try These 6 Simple Tricks To Enjoy Cooking Again

PHOTO: UNSPLASH/TOA HEFTIBA PHOTO: UNSPLASH/TOA HEFTIBA We all want good, healthy food that’s easy to get our hands on. Hence the popularity of food delivery, not to mention the wide ... Read more »

Where to watch the 2021 AFL grand final in Perth: Pubs and bars where you can watch the game in style

Perth’s biggest pub is getting ready for its biggest ever day of trading ahead of WA’s history-making AFL grand final match. There will be 20,000 litres of chilled beer, 25 ... Read more »

Chef Gaggan Anand to host a two month pop-up in Singapore

© Provided by Lifestyle Asia This just in: Chef Gaggan Anand, also known as “the world’s most successful Indian chef”, will be opening a two-month pop-up in Singapore from 3 ... Read more »

Popular eatery Hjh Maimunah closes outlets after Covid-19-related incident

The eatery currently has two branches – in Jalan Pisang and Joo Chiat – and also runs catering services. SINGAPORE – Popular nasi padang restaurant Hjh Maimunah has temporarily closed ... Read more »

Best Decaf Coffee

© Credits: Image by Moyo Studio on iStock Shot of a young woman using a smartphone and having coffee in the kitchen at home. Many of us love a good ... Read more »

The True Story Of Thanksgiving Isn't The One You Learned In School

© Boston Globe – Getty Images We looked at the “real” origin story behind Thanksgiving and why many Native Americans don’t like it and don’t observe it. Most Americans are ... Read more »