A Chermside food company that registered the name In-N-Out Aussie Burgers in Australia might trigger a trademark battle with the popular American burger chain with the same name.
Rich Asians Pty Ltd, with a registered business address on Gympie Road, Chermside, filed the business registration for In-N-Out Aussie Burgers in February 2021. However, the company also owns a number of food businesses ranging from doughnuts, fried chicken and seafood, and it is managed by Puneet Ahori, a businessman from India.
The company operates the fast-food burger eatery via Uber Eats, offering a menu similar to the American version — burgers, onion rings, thickshakes and fries. Its physical store is next to Noddle Box and Aussie Hunger in Chermside.
However, it’s not in any way connected to the American food chain per trademark expert and lawyer Nicole Murdoch.
Ms Murdoch predicts that In-N-Out Aussie Burgers and its owners might be embroiled in a legal battle over the name even as the U.S. burger chain, which was founded in 1948 and has over 350 outlets, still does not have a shop in Australia.
In 2019, In-N-Out U.S. established several successful pop-ups across Australia, attracting long lines from curious local foodies, to make its presence known. Ms Murdoch said the pop-ups may have also been set up to inform the market that its brand name was protected.
The lawyer said that since “burger” is the face of the multi-million dollar American chain, it will do everything to protect its valuable brand.