A popular San Diego restaurant recently found itself on the receiving end of a legal notice from California-based fast-food giant In-N-Out Burger.
Fairplay, a bar and restaurant located in North Park, was issued a Cease & Desist Letter by In-N-Out over the use of two menu items: "Double-Double" and "Animal Fries," both of which are well-known staples of the fast-food chain. In compliance with the request, Fairplay quickly renamed the dishes to "Burger Burger" and "Secret Menu Fries." Taking the news in stride, Fairplay shared the letter on their social media channels with a playful twist.
"Cease & Desist what you’re doing right now, you've gotta see this," they posted, along with a redacted version of the letter. Their cheeky response continued, "We’ve officially been recognized by Big Burger! Plus we wanted to announce we’ve made some sudden name changes on our menu. And seeing how it’s National Cheeseburger Day, this feels like the perfect time to pop In-N-Grab a Burger Burger & some Secret Menu Fries. Or double up! Sorry, we don’t mean to tell you what to order. We’re not animals…just not our style."
While Fairplay kept things lighthearted, this isn't the first time In-N-Out has issued a legal challenge over its trademarked items. In 2018, the company made headlines for sending a Cease & Desist letter to San Francisco brewery Seven Stills. The brewery had planned to release a Neapolitan milkshake stout called "In-N-Stout," with packaging that mimicked In-N-Out’s red-and-white branding and signature palm trees. In-N-Out responded with a cleverly written letter filled with beer-related puns, softening the legal blow while still asserting their rights.
Fairplay's notice, however, was far more straightforward. The one-page letter simply asked them to cease the trademark infringement, without any of the playful tone seen in In-N-Out’s previous legal correspondence.
While Fairplay kept things lighthearted, this isn't the first time In-N-Out has issued a legal challenge over its trademarked items. In 2018, the company made headlines for sending a Cease & Desist letter to San Francisco brewery Seven Stills. The brewery had planned to release a Neapolitan milkshake stout called "In-N-Stout," with packaging that mimicked In-N-Out’s red-and-white branding and signature palm trees. In-N-Out responded with a cleverly written letter filled with beer-related puns, softening the legal blow while still asserting their rights.
Fairplay's notice, however, was far more straightforward. The one-page letter simply asked them to cease the trademark infringement, without any of the playful tone seen in In-N-Out’s previous legal correspondence.
In-N-Out, like any major brand, is legally required to protect its intellectual property to maintain the exclusivity of its trademarks. Failing to take action against even minor infractions could weaken their ability to defend those rights in the future. This principle applies not only to cases like Fairplay’s menu items but also to international copycats.
In Tijuana, a restaurant called Ench-In-Ga Burger has drawn attention for serving nearly identical versions of In-N-Out’s iconic "Double-Double" and "Animal Fries," despite being located outside of the U.S. In-N-Out’s trademarks don’t automatically extend to Mexico, and establishments like Ench-In-Ga take advantage of jurisdictional limits and parody exceptions, pushing the boundaries of intellectual property law while serving up nearly identical meals to an eager audience just across the border.
Fairplay, which opened in August 2022, has become a neighborhood favorite in North Park. The space was previously home to the iconic craft beer bar Toronado, which closed in 2020 after 12 years in business. Adam Cook, the proprietor of local favorites Fernside in South Park and Bluefoot Bar & Lounge, acquired the location after a competitive bidding process. With Fairplay, Cook aimed to create a modern sports bar offering elevated pub fare in a welcoming, no-frills atmosphere. Despite this recent brush with In-N-Out, Fairplay continues to thrive, bringing its unique take on food and drinks to the North Park community.
Fairplay is located at 4026 30th Street in San Diego's North Park. For more information, visit fairplaybar.com
Fairplay is located at 4026 30th Street in San Diego's North Park. For more information, visit fairplaybar.com