YouTuber faces legal action from In-N-Out Burger for using their trademark without permission in prank video content
In-N-Out Burger, the popular fast-food chain based in California, has taken legal action against content creator Bryan Arnett for trademark infringement, trade libel, and trespassing. The lawsuit stems from a series of prank videos filmed by Arnett, who impersonated In-N-Out employees and made false and misleading statements in multiple Southern California locations.
The prank videos, which were filmed without consent, presented false and damaging information about the brand. Arnett, who has over 60,000 followers on YouTube and Instagram, made references to a "bad cockroach problem" in front of another potential customer, claimed there was a food item on the menu called "doggie-style fries," and even pulled a condom out of an In-N-Out takeaway bag and asked a customer if they wanted it with their order.
In-N-Out filed the lawsuit to ban Arnett from all In-N-Out locations, recoup any earnings made from the videos, and pursue damages related to defamation and trademark misuse. The chain's Chief Legal & Business Officer, Arnie Wensinger, stated that these pranks were designed to embarrass and upset customers and employees and that the brand intends to aggressively protect its reputation and legal rights against such conduct.
This is not the first time In-N-Out has taken legal action against content creators who impersonate employees, trespass, and post false or libelous content on social media. The chain has a history of being protective of its brand and has previously sued other social media creators for similar pranks involving deception, trespassing, and content harmful to the brand.
In May, In-N-Out demanded that Arnett remove all social media posts referring to the chain, its customers, or associates and destroy all props, but as of June 20, the company said Arnett refused to respond. Arnett did not immediately respond to requests for comment.
In 2020, In-N-Out sued an Australian virtual concept called In & Out Aussie Burgers, arguing it was misleading customers on delivery platforms in that country. The brand's commitment to protecting its reputation and intellectual property is evident in these actions, demonstrating a firm stance against any unauthorized use or misrepresentation of its brand.
In the restaurant industry, In-N-Out Burger, a prominent fast-food chain, has a history of taking legal action against content creators who use social-media platforms to impersonate employees, make false statements, and cause damage to the brand's reputation. Such entertainic activities, designed to mislead or defame, often involve pranks that are disruptive to both customers and employees.
