In-N-Out Burger has slapped Puma North America Inc. with a trademark lawsuit, alleging that the sportswear giant used its federally registered designs without permission.
Filed on March 1, the popular fast-food restaurant’s suit called out two pairs of sneakers released in February — the Cali-O Drive Thru and California Drive Thru shoes.
It claimed that the former featured palm-tree motifs that were “essentially identical” to the ones seen on In-N-Out storefronts, takeout bags and employee uniforms. The latter, on the other hand, it said used designs that were “confusingly similar” to its own, featuring an illustration of a burger on the shoes’ insoles.
The top view of the Puma Cali-O Drive Thru.
Designed in collaboration with Chinatown Market founder Mike Cherman, Puma’s West Coast-inspired shoes reinterpreted its classic California silhouette from the ’80s. The sneakers were executed in a clean white leather upper paired with contrasting red and yellow accents on the sock lining — elements that initially drew comparisons to the state’s iconic burger chain.
“Puma’s and Cherman’s unauthorized and intentional use of In-N-Out’s trademarks and trade dress has already caused confusion in the marketplace, misled the consuming public and injured In-N-Out by causing consumers to incorrectly believe Puma’s products are associated with