In-N-Out Withstands Trade Dress Infringement Challenge by Doll N’ Burgers

In 2020, the well-known In-N-Out Burger chain brought suit in the U.S. District Court for the Eastern District of Michigan, alleging that Doll N’ Burgers’ restaurants looked too similar to In-N-Out’s establishments.  The Court recently ruled against Doll N’ Bugers’ attempt to cancel In-N-Out’s trade dress registration, finding that In-N-Out does own the look of its restaurants’ interior, and is recognizable by the public.  Other issues remain to be decided in the case, such as whether In-N-Out has valid common law trade dress (among the elements being the color scheme, menu layouts, employee uniforms, and interior design), and whether Doll N’ Bugers has infringed upon In-N-Out’s trade dress.  A jury trial has been requested in the case.