There is one small California eatery bar who refused to be intimidated and even pokes fun at a popular fast food chain that issued a cease-and-desist order over the two trademarked items that they argued were copied by the sports bar.
Fairplay Sports Bar celebrated National Cheeseburger Day on 18 September, mocking 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 of which are well-known staples on the burger chain’s menu.
"Cease & Desist what you’re doing right now, you’ve got to see this," the San Diego restaurant wrote in a Facebook post with a marked up and redacted version of the letter.
"We’ve officially been recognized by Big Burger!"
While a legal notice would send most into panic, restaurant owner Shane Gerde said he was flattered to be recognized by In-N-Out, KUSI reported.
Gerde acknowledged that his menu items were "largely inspired" by the popular fast-food items of the same name, but also slightly different.
"We were just going for something to give guests an idea of what they were getting without much of a description and those things are hallmarks of Southern California," Gerde told the outlet.
"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 said.
Speaking only positively of his legal experience, Gerde said he has no animosity toward In-N-Out.
"We couldn’t have gotten a cease-and-desist from anybody better than In-N-Out," Gerde told KUSI. "We were stoked to be recognized and happy to change the names."
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