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.
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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.