Overview
Amid an ongoing legal battle, Australia's answer to a certain cult American burger chain Down N' Out has put out a call for suggestions for a new name, after Federal Court Justice Anna Katzmann ruled Hashtag Burgers (the team behind Down N' Out) "sailed too close to the wind" when it came to appropriating the name, menu and design of the California-based In-N-Out.
Down N' Out declared on Facebook that there was "nothing left to do except eat away our feelings", while sharing its latest weekly special — that surely no one could fit their mouth around — filled with double meat, triple cheese and beer-battered onion rings.
The post asks for ideas on what the next iteration of the business should be called, saying the person behind the winning suggestion could "win free burgs for life".
Co-owner Ben Kagan told Concrete Playground that he and business partner Andrew "Archie" Saliba, "opened Down N' Out in 2016 with no hospitality background and very little experience". "We have always done our own thing and we are disappointed with the outcome," Kagan continued. "However we know that our fans will continue to support us regardless of what our name is. We may be down at the moment but we sure as sh#t aren't out."
Since popping up at the Sir John Young Hotel on Liverpool Street in 2016, Down N' Out has spawned its own CBD restaurant and outposts in Ryde, Castle Hill and Crows Nest.
The case between In-N-Out and Hashtag Burgers is set to continue in court next month, so we'll keep you updated as we learn more.
You can suggest a new name for the burger shop on the Down N' Out Sydney Facebook page, and read Federal Court Justice Anna Katzmann's full ruling over here.