Burger chain takes Sydney eatery Down N’ Out to court over trademark claims

THERE’S been a bit of a bun fight between the US fast food giant and an Australian eatery — and it’s all thanks to its name.

POPULAR US burger chain In-N-Out has taken a Sydney eatery to court after claiming it was trying to rip off its business model.

Federal Court proceedings against Australian-owned Hashtag Burgers were launched late last year.

Hashtag Burgers owns Down N’ Out burger restaurants, which are located in the Sydney CBD and Ryde in the city’s northwest.

The American chain is hoping to force the company to stop using the Down N’ Out moniker, claiming it was trying to “mimic” its business.

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In-N-Out is claiming a trademark infringement, and has argued Down N’ Out is using misleading tactics to target Australian consumers.

It also claims the company is “passing off”, which means a business attempts to imply its wares are sold with the rival’s “endorsement, approval, licence, authority or sponsorship”, Fairfax media reports.

The Californian company wants its Australian rival to stop using the Down N’ Out name and to pay damages.

In-N-Out is an American institution. Picture: iStock

But according to Fox News, Hashtag Burgers has denied any wrongdoing, claiming the case is without merit and “liable to be struck out.”

The Aussie business has argued that since In’N’Out “does not conduct its fast-food business in Australia”, it has no interests to protect.

But In’N’Out has advertised in the country, with several “pop up” restaurants operating on Australian shores.

In 2016, an In’N’Out pop up in Sydney’s Surry Hills saw people queuing for hours on end to get a taste of the cult fast food chain.

Justice Stephen Burley ordered In-N-Out to file evidence to support its claim by June 1, while Hashtag Burgers has until July 27 to respond.

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