A Sydney burger chain is again drawing the ire of US fast food legend In-N-Out Burger by launching a "Down N' Out" food truck, months after the Federal Court found the name to be "deceptively similar" and likely to cause confusion.after taking issue three years ago with its name, similar yellow arrow logo, and use of In-N-Out's registered trademarks "animal style" and "protein style".
Justice Katzmann said the Australian operators "sailed too close to the wind" and sought to attract customers "by having them wonder whether Down-N-Out was, indeed, In-N-Out Burger, perhaps a down-market or down-under version".
"COVID-19 affords no excuse for the branding on that food truck," Mr Burgess said. "There is no reason why that food truck couldn't have been opened using the name Hashtag Burgers." "This unlawful conduct has gone on long enough," Mr Burgess said. "The game really is finally up ... the stay should be dismissed."The court heard that most Down N' Out restaurants have either changed their names or shut down, with Hashtag Burgers only operating the food truck and one restaurant on Liverpool Street in Sydney's CBD.
gmitch_news So, In-N-Out signage looking similar to McDonald’s is ok?
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