The fryers apparently have been turned off at Chadder's.
With the Provo location empty and no one answering the phone at the American Fork, West Valley City and Boise locations, there are no signs of activity at the hamburger chain that once faced In-N-Out Burger in court over alleged trademark infringement for having similar menus, packaging and color schemes.
A fifth location, in the RiverPark Corporate Center in South Jordan off 10600 South, never opened, and RiverPark has sued Chadder's Holdings LLC and its owner Chad M. Stubbs in 3rd District Court.
A lawsuit filed Wednesday alleges RiverPark Retail Seven LLC spent "literally hundreds of thousands of dollars" to make a building ready for Chadders to move in. RiverPark claims in the lawsuit that it has suffered at least $250,000 in damages by the alleged breach of contract and wants Chadder's to pay it, plus attorneys' fees.
The Deseret News called Stubbs for comment but one listed phone number was disconnected. A second listed phone number stated the voice mailbox was full. The paper also called the four Chadder's restaurants and was told the voice mailboxes were full. The paper left a message with Sterling Brennan, a Salt Lake City attorney who represented Chadder's in 2007 in the federal trademark case brought by In-N-Out. The message wasn't returned.
In June 2007, In-N-Out sued Chadders over trademark infringement in federal court. Judge Ted Stewart urged the two parties to work out an agreement that would stop Chadder's from using certain menu names that In-N-Out uses. He granted a temporary restraining order to protect In-N-Out's trademarks, but noted that Chadder's had changed employees' uniform colors, the design of menus and colors of signs. Chadder's attorney said the restaurant never intended to copy In-N-Out.
In February 2009, In-N-Out announced its intentions to open in Utah. Since then, restaurants have opened in Draper, American Fork, Orem, West Jordan and Washington city. In-N-Outs in West Valley City and Riverton are coming soon, according to the company's website.
e-mail: lh[email protected]