Food

In-N-Out sues Australian burger joint called — wait for it — Down N' Out

A burger restaurant in Australia is not-so-subtly trying to be the In-N-Out of Down Under. It's called ... wait for it ... Down N' Out. And In-N-Out is, unsurprisingly, not thrilled about it.

According to the Sydney Morning Herald, the California-based chain beloved for its classic burgers, "secret" menu and all-around high quality, favored by Adam Rippon, Ina Garten and even Gordon Ramsay, is suing Down N' Out's parent company Hashtag Burgers over its restaurant located in Sydney and Ryde, Australia.

In-N-Out launched the federal food fight against Hashtag Burgers in October for having a little more than burgers in common. The Herald reported In-N-Out wants the federal court to order Hashtag to stop using the Down-N-Out name and to pay any profits and damages made from using the name.

Besides its namesake, the funky Aussie burger spot with a website headlining, "American-stye burgers, done right," has a double burger with "double Wagyu beef, double American Cheese, lettuce, tomato, onion, secret sauce and signature bun." It can also be ordered "tiger-style" (similar to In-N-Out's not-so-secret animal-style option) with caramelized onions and a mustard grilled patty.

Quality You Can Taste®

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Down N' Out, however, has an array of other menu items such as a crispy chicken sandwich and panko-crusted portobello mushrooms, plus lots of add-ons. Their in-your-face, over-the-top burgers are a bit different (and sometimes Pokemon-themed) than In-N-Out's no-frill dishes.

But the red and yellow in Down N' Out's logo looks very familiar. Down N' Out, however, denies it is attempting to "mimic or model" In-N-Out, and claims that, since In-N-Out doesn't do fast-food business in Australia, it has "no goodwill" there.

Hashtag Burgers and In-N-Out have attended court-ordered mediation sessions and plan to return for a hearing on Aug. 10.

In the meantime, if all this burger banter has made you hungry, we suggest you make one of these:

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