In-N-Out is suing Michigan’s Doll n ‘Burgers fast food restaurant for similar looks

In-N-Out allegedly claims Doll n ‘Burgers borrowed a little too generously of its signature look, from a white, red, and yellow color scheme to staff wearing white shirts, red aprons, and paper hats. In the lawsuit, the Daily Telegram reports, In-N-Out also mentions the restaurant’s similar “white mugs with red graphics; open burger packaging; the use of a single “N” in the name; a vintage motif; and the layout of the indoor and drive-thru menu boards. “

The interior of both restaurants also features a white and red striped design and red furniture. In-N-Out’s interior design is registered with the U.S. Patent and Trademark Office.

Doll n ‘Burgers countered that the “n” in their name is an allusion to the name of founder Justin Dalenburger. They also cited various other fast food chains that have a similar color scheme, look, and staff uniform to In-N-Out, from McDonald’s to Five Guys. Nor is it worth the fact that Michigan has no In-N-Out locations, and the chain doesn’t seem to have any expansion plans there.

Both companies hired marketers to find out the likelihood of customers confusing Doll n ‘Burgers and In-N-Out. Funnily enough, the expert at In-N-Out says the probability is 49.3%, while Doll n ‘Burgers says it is 0%.