(hat tip Defamer)
First up, who knew Julian Lennon was a restauranteur?
Second up, suing like this isn't very christian of the very Christian In-N-Out Corporation.
Third up, I'm no legal expert, but it seems like suing for copyright infringement on an unoffical off menu item seems like a tough case to win.
Sure, everybody who goes to In-N-Out (and in this area that's almost everybody) knows there are lots of 'off menu' specialty orders that you can place (a partial list here), but I don't think that helps In-N-Out in this case. Seems to me you actually have to officially market something to claim a trademark or copyright on a phrase. I could be wrong here, and maybe this open secret, secret menu constitutes registered trademarks, and looking at the offical site, they do show the "R" in a circle after Animal, 3x3, 4x4, and Protein, so clearly they are claiming those as trademarks for food related products.
Still seems like they've hired some overzealous attorneys who have gotten a bit registered trademark and sue-happy.
Good for Julian Lennon for standing up to them and not altering the menu at Blowfish Sushi.
All this won't change the fact that In-N-Out is indeed what a hamburger is all about (maybe on my pilgrimage to the Kwik-E-Mart, I'll swing by the In-N-Out on Venice Blvd. about a mile east).
UPDATE: Noticed Tammy Bruce is also on this case. Must be a slow news day, not like anything is going on right now.
02 July 2007
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