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FOOD & DRINK

The Sydney Burger Chain Formerly Known as Down N' Out Has Lost Its Appeal Against In-N-Out

The owners failed to reverse the court's ruling that they'd appropriated the branding of their US counterpart.
By Libby Curran
December 24, 2020
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The Sydney Burger Chain Formerly Known as Down N' Out Has Lost Its Appeal Against In-N-Out

The owners failed to reverse the court's ruling that they'd appropriated the branding of their US counterpart.
By Libby Curran
December 24, 2020
  shares

This wild year has ended on a low note for Sydney company Hashtag Burgers, after it lost its appeal against a trademark infringement lawsuit by cult American burger chain In-N-Out. The widely publicised legal battle appears to have come to an end, with the local company failing in its bid to reverse the court decision handed down earlier this year.

Back in February, Federal Court Justice Anna Katzmann ruled that Hashtag Burgers had "sailed too close to the wind" when it came to appropriating the name, menu and design of the California-based In-N-Out for their own Aussie chain Down N' Out. The locals then took to Facebook to declare there was "nothing left to do except eat away our feelings" and rename their business, though it seems they in fact went back to court, launching an appeal against the decision. After losing that appeal earlier this week, we're sure there'll now be even more feelings (and double wagyu beef patties) to devour.

In place of its Down N' Out restaurants, which first launched in 2016, Hashtag Burgers now runs a Leichhardt pop-up dubbed High N' Dry, as well as its Nameless Bar located in the former digs of its original CBD flagship. Last month, in a post to Nameless Bar's Facebook page, owners Ben Kagan and Andrew "Archie" Saliba revealed they were waiting on the results of an appeal, saying "4+ YEARS OF FIGHTING and we are NOT backing down — WE are confident in a favourable OUTCOME this time around!!!" In a post yesterday, they thanked their fans, saying: "PRAY FOR US!! OUR appeal verdict is today — BOOM OR BUST it's been a WILD few years." The owners are yet to address the court's decision on social media.

A CHRISTMAS CRACKER FOR ALL YOU CHEEKY CHUBSTERS 😍😍😍

🧨💣 CHICK CHICK BOOM 💣🧨
- Butter Grilled Chicken Tossed in...

Posted by Nameless Bar Sydney on Tuesday, December 22, 2020

Back in its pre-lawsuit heyday, Down N' Out ran various pop-ups, in addition to its CBD store and outposts in Ryde, Castle Hill and Crows Nest. In March, Kagan told Concrete Playground: "We have always done our own thing and we are disappointed with the outcome. 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."

Hashtag Burgers' Nameless Bar and High N' Dry pop-up remain open.

Published on December 24, 2020 by Libby Curran

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