A small California restaurant mocked a popular fast food chain that issued a cease and desist order for two trademarked items that they argued the sports bar copied.
Fairplay Sports Bar celebrated National Cheeseburger Day in September. 18, scoffing at the legal notice they received from In-N-Out Burger ordering them to cease all use of two of their trademarked Double Double and Animal Fries — both popular menu staples of the burger chain.
“Stop and stop what you’re doing right now, you need to see this,” the San Diego restaurant wrote in a Facebook post with a redacted and redacted version of the letter.
“We’ve officially been recognized by Big Burger!”
While a legal notice would lead to more panic, restaurant owner Shane Gerde said he was pleased to be recognized by In-N-Out, KUSI reported.
Gerde admitted that his menu items were “mostly inspired” by popular fast food items of the same name, but also slightly different.
“We were just looking for something to give guests an idea of what they were getting without too much description, and those things are hallmarks of Southern California,” Gerde told the media.
“They are wonderful dishes. It’s just an added 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 place,” he said.
Knowing In-N-Out has a brand to protect, Fairplay immediately renamed the menu items to the Secret Menu Fries and Burger Burger, but not before jokingly addressing the situation on social media.
“This seems like the perfect time to introduce In-N-Grab a Burger Burger and some Secret Menu Fries. Or double it! Sorry, we don’t want to tell you what to order. We’re not animals, just not our style,” the post captioned.
Speaking only positively about his legal experience, Gerde said he has no animosity toward In-N-Out.
“We couldn’t have gotten a cease and desist from anyone better than In-N-Out,” Gerde told KUSI. “We were pleased to meet you and happy to change names.”
The Post contacted Fairplay and In-N-Out for comment.
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