In-N-Out Burger is seeing red when it comes to Idaho's Burger Express. The Boise-based restaurant, which has been open about a month, sports a red sign with a splashy yellow arrow running through it diagonally. Look familiar? In-N-Out, with its big red signs framed by yellow arrows, thinks so. Now, the California burger chain is threatening to sue Burger Express, reports the Idaho Statesman.
Squillace remains unrepentant, claiming the red and yellow colors are standard for fast-food establishments and that his logo looks nothing like In-N-Out's logo. Whether he has the resources to defend against such a potential lawsuit is another matter. In-N-Out has deep pockets and a history of aggressively defending its trademark.
In a letter sent to owner Larry Squillace on July 9th, In-N-Out lawyers write:
There can be no debate that your restaurant is modeled after In-N-Out's restaurants. Our information suggests that you have even copied In-N-Out's food presentation — the burger partially wrapped with the side visible — to the customer.
He has until August 5th to make changes or face the California burger chain's wrath.