Chadder's eatery in American Fork denies imitating In-N-Out Burgers
"The question is why would defendants build a restaurant offering the same food (with the) same colors like In-N-Out ... if they didn't think that a substantial segment of the population knew what an In-N-Out looked like and people associated it with good food?" asked attorney Margaret McGann.
McGann and her co-counsel, Fran Wikstrom, recently filed a request for a temporary restraining order, asking Judge Ted Stewart to shut down the restaurant until the alleged infringing elements are changed.
Stewart said he will rule on the requested restraining order at a later date but asked the two parties to work out an agreement that would prohibit Chadder's from using any In-N-Out "secret menu" slang.
That's fine with Chadder's, said Sterling Brennan, attorney for Chadder's and owner Chad Stubbs, because employees never used those phrases, even if customers did.
Brennan argued that In-N-Out attorneys are homing in on color similarities while ignoring differences, such as In-N-Out's use of a palm tree motif or its red letters and gold arrow logo.
"Have you ever observed any of those in connection with Chadder's?" Brennan asked Arnold Wensinger, general counsel for In-N-Out.
"No sir," he replied.
Brennan also argued that complaints Chadder's is copying In-N-Out Burger's color scheme aren't strong because many In-N-Out restaurants don't even follow a white and red building theme. Some are tan, brown or even brick.
"They're not consistent in their usage," Brennan argued, showing pictures of restaurants that fell outside the typical mold of a white building with a red, Spanish-type tile roof and red trim.
"Trade dress" refers to particular elements that differentiate a company's product.
Wensinger later testified that aesthetic building differences are required by a city or a developer in order to conform with the surrounding developments. However, he said that the inside decor of the 207 stores throughout California, Nevada and Arizona are nearly identical.
Chadder's has since added a blue trim to its building, a yellow background to one of its menus and blue aprons for the employees, Brennan said.
But fixing one or two elements won't solve the problem, McGann said.
"With trade dress, you have to look at the overall impact, you can't just separate the different elements," McGann said. "It's the overall visual impression. Look at a combination and arrangements. Addition of one accent color in limited placement does not remove all the concern that my client has about possible confusion and actual confusion that has occurred."
E-mail: sisraelsen@desnews.com
Recent comments
HAHAHA THE HOCKEY TEAM RULES TOO SECOND IN REGION HAHA IDIOTS...
Erik Soderlund | May 14, 2008 at 3:41 p.m.
In and Out needs to just chill out. Chaddrs is selling burgers and...
corey filer | April 28, 2008 at 12:05 p.m.
- Attempted murder case refiled 1:58 a.m.
- Sports on the air 1:38 a.m.
- This weekend on TV 1:38 a.m.
- Birthdays for Saturday, July 11 1:38 a.m.
- 2 men cited on LDS plaza 1:37 a.m.
- S.L. man spots stolen car — his 1:23 a.m.
- Girl critical after run-in with train 1:23 a.m.
- Probe of death treated as slaying 1:22 a.m.
- Taylorsville man arrested in robbery 1:21 a.m.
- HBO defends U. logo use in 'Love' 1:20 a.m.
- Jazz brass debate Millsap match
- LDS seminary principal arrested
- 2 men cited on LDS plaza
- Reactions on Boozer speculation
- Teacher faces new sex charges
- HBO defends U. logo use in 'Love'
- Jazz finances not quite so bleak
- Jazz talking Boozer trade?
- Jazz down Oklahoma City
- Twitter lets fans communicate, interact
- LDS seminary principal arrested
160 - Bronco collecting a galaxy of recruits
141 - Jazz talking Boozer trade?
136 - Blazers may offer Millsap a contract
123 - Jazz brass debate Millsap match
99 - Stadium of Fire flag burning was fake
94 - Fairness of BCS debated
81 - Chaffetz eyes challenging Bennett
74 - Letters: Single-payer system best
72 - Services bids farewell to Jackson
70
As more and more dads are put out of work in this economy, I've been...
The photographs are mysterious, brooding, dark. They show dimples and...
I love Millsap, and the Jazz will find a way to move Boozer and match for...
i think its childish to assume that somebody would actually want to get...
Millsap and Boozer need to stay in Utah. Millsap is Boozers backup while he...
Childish and immature? Its always easier being ignorant and presuming things...
can you use words like testimony and church leadership to critisize a...
Bro P really helped me through a tough time in my life when I had him in...
These are only allegations at present, but I hope when he goes to trial, the...
My thoughts are with the Pratt family right now. Michael I hope you are...
It is interesting that everyone who seems to be a member comments on how nice...
You presume, simply because they were gay, that they were trying to "stir...


