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In-N-Out sues Puma over sneakers

By Kristopher Fraser

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Business

Burgers aren't the only beef that In-N-Out has right now. The fast food chain is suing Puma North America over trademark infringement, alleging that Puma used their federally registered designs. The lawsuit filed on March 1 alleges that two pair of sneakers released by Puma, the Cali-O Drive Through and California Drive Thru shoes, are in violation of Puma's trademark protections.

In-N-Out says the palm tree motifs featured on the sneakers are identical to the ones on their storefronts, bags, and employee uniforms. The Drive Thru sneakers also used a burger on the insole that In-N-Out said was "confusingly similar" to their own designs. The Puma sneakers also feature red and yellow coloring, which are the signature colors of In-N-Out.

In-N-Out claims it never authorized nor collaborated with Puma for this product, Arnie Wensinger, executive vice president of In-N-Out Burger said in a statement to Fox News.

“In-N-Out Burger did not authorize Puma’s and Cherman’s intentional use of In-N-Out’s trademarks and trade dress, including color designs and palm tree logos. By using In-N-Out’s designs and trade dress, Puma and Cherman intentionally confused consumers for their own benefit and have also created the impression that our marks and unique trade dress are available for public use,” the statement read. “We will always vigorously defend our trademarks and the distinctive elements that represent our brand to our Customers.”

In-N-Out says they have sent two cease-and-desist letters to Puma telling them to stop selling the item, but Puma has ignored their requests.

Puma's shoes were designed in collaboration with Chinatown Market founder Mike Cherman, and were mean to be a reinterpretation of Puma's classic '80s California silhouette.

In-N-Out is seeking unspecified damages for the shoes, in addition to profits tied to the shoes sales.

FashionUnited will follow this story as it progresses.

Photo: courtesy of Puma

In-N-Out
Puma