A restaurant has gone viral after they copied trademarked menu items from In-N-Out Burger, after which they were promptly issued a cease-and-desist. The owner, however, took it all in good humor.
It all started when Fairplay Sports Bar decided to celebrate National Cheeseburger Day on Sept. 18, with the release of two items they playfully named the Double Double Burger and Animal Fries.
Both are, of course, well-known items sold at In-N-Out burger. Speaking of the decision to copy the chain’s products, owner Shane Gerde revealed they were “largely inspired” by the fast food giant.
“They’re awesome dishes. It’s just a pumped-up variation of what you might have done at a drive-thru restaurant, but instead, you get to enjoy it in an atmosphere that’s a local neighborhood spot,” he revealed, explaining his own take on the dishes.
After Gerde put the Double Double burger and Animal Fries on the menu, In-N-Out got in contact, handing them a legal notice that they should “cease” their use of the trademark.
Instead of falling into a flurry of panic, Gerde was overjoyed to receive a letter from the burger joint, and celebrated by posting a copy on social media.
“Cease & Desist what you’re doing right now, you’ve got to see this,” he wrote before proclaiming: “We’ve officially been recognized by Big Burger!”
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The restaurant complied with the terms of the letter issued by In-N-Out, and renamed their products to ‘In-N-Grab a Burger Burger’ and ‘Secret Menu Fries.’
Speaking to KUSI-TV, Gerde asserted that they “couldn’t have gotten a cease-and-desist from anybody better than In-N-Out. We were stoked to be recognized and happy to change the names.”
“You know what they say, imitation is the highest form of flattery! We’re big In-N-Out fans around here and just meant to pay homage,” their social media manager Haley Gerde added.
“We totally understand their position, and we were happy to change the names. It was an easy fix for us and the folks at In-N-Out were incredibly nice about the whole thing.
“We only shared the letter because we thought our customers would get a kick out of their neighborhood bar being on the radar of such an iconic place. We definitely didn’t expect it to get this much attention. It’s nothing but love from Fairplay to In-N-Out.”
In-N-Out isn’t the only chain to take legal action regarding trademarked items. This September, Taco Bell won their case against Wyoming-based Taco John’s, who formerly owned the ‘Taco Tuesday’ trademark.
