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First Look at Fresh-N-Fast in Flatiron
In-N-Out has sued several clones, notably one in Utah and one in Ohio. However, the suits were successful because the clones actually used InO trademarked product names like "double double" and "animal style". I would actually wager than Fresh-n-Fast is likely going to be in the clear. You can't trademark "grilled cheese", "double chesseburger", a red and yellow color scheme, or non-frozen burger patties.
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Tony - you were naming a food product after another trademarked food product. That's pretty cut and dry. In-N-Out is in fact famously litigous to protect it's IP. I'm just not seeing actionable infringements by Fresh-N-Fast.