A local restaurant has gained viral attention after mimicking trademarked menu items from In-N-Out Burger, leading to a prompt cease-and-desist notice. The owner, however, took the situation in stride and with a sense of humor.
The commotion began when Fairplay Sports Bar decided to celebrate National Cheeseburger Day on September 18 by introducing two menu items they whimsically named the Double Double Burger and Animal Fries.
These dishes are famously known to be featured at In-N-Out Burger. Owner Shane Gerde mentioned that they were “largely inspired”by the popular fast food establishment’s offerings.
The local restaurant was thrilled to receive the cease-and-desist letter from In-N-Out.
“They’re incredible dishes. It’s just an upgraded version of what you might enjoy at a drive-thru, but here you’re in a welcoming neighborhood atmosphere,” he shared, providing insight into his take on the classics.
After introducing the Double Double Burger and Animal Fries to their menu, In-N-Out reached out, issuing a legal notice requesting them to “cease” the use of their trademarked items.
Instead of responding with panic, Gerde was excited to receive a letter from the burger chain and celebrated by sharing a copy on social media.
The restaurant promptly received a cease-and-desist notice.
“Cease & Desist what you’re doing right now, you’ve got to see this,” he remarked, declaring: “We’ve officially been acknowledged by Big Burger!”
The restaurant complied with In-N-Out’s request and renamed their offerings to ‘In-N-Grab a Burger Burger’ and ‘Secret Menu Fries.’
In an interview with KUSI-TV, Gerde expressed that they “couldn’t have received a cease-and-desist from anyone better than In-N-Out. We were thrilled to be recognized and were happy to alter the names.”
“As they say, imitation is the highest form of flattery! We’re big fans of In-N-Out here and intended to pay tribute,” added their social media manager, Haley Gerde.
“We completely understand their position, and changing the names was no trouble for us. The team at In-N-Out was incredibly kind about the entire situation.
“We shared the letter simply because we believed our customers would find it amusing that their neighborhood bar was recognized by such an iconic establishment. We certainly didn’t anticipate this trend. It’s all love from Fairplay to In-N-Out.”
In-N-Out is not the only fast-food chain taking legal action over trademark violations. This September, Taco Bell successfully won a lawsuit against Wyoming-based Taco John’s, who previously held the ‘Taco Tuesday’ trademark.
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