They say imitation is the sincerest form of flattery, but In-N-Out was less than enthused about a San Diego restaurant naming its menu items after food items found at the burger chain.
Fairplay, a bar and restaurant in San Diego’s North Park neighborhood, received a cease-and-desist letter from In-N-Out regarding its menu items “Double-Double” and “Animal Fries,” both of which are well-known staples of In-N-Out.
The legal notice was first reported by SanDiegoVille.
The restaurant jokingly addressed the letter via an Instagram post and shared that they renamed the menu items in question to “Burger Burger” and “Secret Menu Fries.”
“This feels like the perfect time to pop In-N-Grab a Burger Burger & some Secret Menu Fries. Or double up! Sorry, we don’t mean to tell you what to order. We’re not animals…just not our style,” the post’s caption said in part.
This isn’t the first time In-N-Out has issued legal challenges to businesses over its trademarked items.
In 2023, a burger restaurant in Mexico went viral for serving grilled burgers topped with fries and a special sauce on a red tray, something In-N-Out is famous for.
When asked about the copycat restaurant last year, In-N-Out previously told KTLA that “they are unable to comment due to ongoing litigation,” signaling that the restaurant planned to pursue legal action.
A similar situation arose in 2018 when a brewery in San Francisco tried to sell its new beer in a can designed similar to In-N-Out’s famous red and white striped cups.
In-N-Out opened in Baldwin Park in 1948 and now has locations throughout the state and in Nevada, Arizona, Utah, Texas, Oregon, Colorado, and Idaho.
