Have you ever had an In-N-Out burger outside of the United States? Most likely not, since the California-based burger chain doesn't operate any restaurants beyond five Western US states.
But, if you've been around Sydney, Australia lately, you may have noticed a burger restaurant called "Down N’ Out" that In-N-Out Burgers claims is infringing on its trademark and misleading customers into believing it has given the chain its "endorsement, approval, license, authority or sponsorship," because of similarities in its name and logo, Fox News reports. The Down N' Out website features the phrase "American style burgers, done right."
Although In-N-Out claims it enjoys “substantial reputation and goodwill” in Australia, Hashtag argues that since In-N-Out doesn't operate in Australia it "therefore has no goodwill" in the country. Hashtag also points out that its own menu offers a wider variety of items, like chicken burgers and jalapeño poppers.
The suit was filed in October 2017 against Hashtag Burgers, the parent company of Down N' Out,and last week a New South Wales judge ordered In-N-Out to file evidence to support its claim by June 1. A hearing is set for August.
If you're familiar with In-N-Out Burger, you may know about the "secret" menu items the chain offers. The lawsuit against Down N' Out claims that the Australian restaurant also offers "secret" menu items. What exactly is an In-N-Out secret menu item? Well, beyond the burgers, French fries, fountain drinks, and milkshakes on the menu, In-N-Out offers "off-menu" items like "The Flying Dutchman" (two burgers with cheese between them), a Neapolitan shake (vanilla/chocolate/strawberry combined), and a "4x4 burger" (yup, 4 burger patties!), among others. You can check out a ranking of In-N-Out's secret menu items here on Thrillist.
If you're still reading and aren't hungry yet, we've failed miserably. We leave you with a chance to view pictures of all of the In-N-Out secret menu items, current as of April 2018.