This Is Why In-N-Out Once Sued Smashburger

Asking people which fast food burger is the best is as divisive as asking whether New York-style pizza is better than Chicago deep dish. (Hint: there's no right answer.) Everyone has their own opinions. There are those who swear by McDonald's OG hamburger, others who think Shake Shack reigns supreme, and others who go crazy for Burger King's loaded Whopper — and that doe not even scratch the surface of all the burger joints out there. Two other popular, yet more niche, chains are In-N-Out Burger and Smashburger.

The two burger spots have long been in competition for the title of tastiest patty. There's been so much competition between the two, in fact, that the chains even took their rivalry to court. In 2017, In-N-Out actually sued Smashburger in a nasty legal battle that took two years to resolve. Here's why it happened and what you probably did not know about the two chains' long-standing feud.

In-N-Out claimed Smashburger copied their burger ideas

In-N-Out sued Smashburger for trademark infringement after Smashburger came out with its "Triple Double" burger. According to In-N-Out, this was a little too similar to their own Double Double and Triple Triple, Eater reports. While the In-N-Out burgers have two patties and two slices of cheese (and three and three, respectively), the Smashburger version has two patties and three slices of cheese. But In-N-Out did not just stop there — a month later, the chain decided to add false advertising to its suit, as well.

Who won in the end? Both restaurants, in a way. Smashburger was, in fact, found guilty of false advertising due to its claim that the burger had triple the beef and double the cheese, which was factually inaccurate based on weight. However, the chain was not found guilty of trademark infringement, with the court telling In-N-Out that they did not have enough proof of injury.