A Sydney burger chain has been ordered to hand over its signs, packaging and promotional material to lawyers for US fast-food giant In-N-Out Burger after the Federal Court found it was continuing to call itself "Down N' Out" after losing a trademarks fight.
Justice Katzmann ordered Hashtag Burgers to hand over to In-N-Out's Australian lawyers within 60 days all material bearing the Down N' Out logo including "signage, packaging, promotional material, advertising, brochures, pamphlets, merchandise, stationery and business cards".
The burger chain, which started with pop-ups in 2016 before opening restaurants in 2017, also had an outlet in Wollongong. It now has only the CBD restaurant and the food truck in Marrickville. But Justice Katzmann said other evidence suggested some of those figures were "inflated", potentially "considerably so".
If In-N-Out wants to establish and protect their brand in Australia maybe they should open some stores here for more than 30 minutes.
New branding better anyway should have run with from the start.
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