Trade Dress Confusion: In-N-Out versus Five Guys: A few more thoughts
May 19, 2011 Leave a comment
I visited the Five Guys in Redlands (technically, in the Donut Hole (unincorporated County of San Bernardino outside the City of Redlands’ sphere of influence), in the Redlands Town Center, near Nubi). As a follow up to this post, I want to reiterate that no true Southern California will ever be confused between the trade dress of the two restaurants or the product. Five Guys is no In-N-Out. In-N-Out is cleaner, In-N-Out is simpler, In-N-Out’s food is better, In-N-Out’s food is much less expensive, and you can get In-N-Out in a drive through, and if you have a peanut allergy, In-N-Out is the way to go.
One of Five Guy’s founders, Jerry Murrell, told Inc. Magazine that the “burgers are made to order. That’s why we can’t do drive-thru’s [sic]– it takes too long.” I’m glad the Snyders never came to that conclusion. The only In-N-Out without a drive-through, I believe, is in Fisherman’s Wharf in San Francisco. I can speculate on the legal reasoning and land use reasoning for that decision, but I could find no source to confirm the reason.
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Copyright 2011 Michael Reiter, Attorney at Law