In-N-Out filed a trademark infringement lawsuit Friday against Puma for using the chain restaurant's trademarks and trade dress without permission in the launch of their two new shoe products.
Cali-0 Drive-Thru and California Drive-Thru shoes were designed in collaboration with streetwear designer Mike Cherman.
The iconic fast food joint claims that Puma used In-N-Out's federally registered palm tree mark and design elements similar to the red and yellow In-N-Out logo and apparel.
Since the launch of the shoes in Feb. 2019, Puma released three burger-themed videos on Instagram to promote the shoes as a tribute to "the Cali lifestyle: it's burger diners."
In-N-Out claims Puma has marketed its shoes in connection with burgers and other items associated with burgers, which is the food product primarily served at In-N-Out restaurants, according to the lawsuit.
The shoes have caused several instances of confusion on social media with publications and consumers mistakenly believing there is a connection between In-N-Out and the Puma Drive Thru Shoes, court documents state.
In-N-Out is asking Puma to cease production of the Drive-Thru shoes and any related advertisements. In addition to unspecified damages, they're also asking to be awarded any profits related to sales of the shoes.
"By using In-N-Out's designs and trade dress, Puma and Cherman intentionally confused consumers for their own benefit and have also created the impression that our marks and unique trade dress are available for public use," Arnie Wensinger, executive vice president of In-N-Out Burger said in a statement to NBC4.
Wesigner said the food chain will continue to work to defend the trademarks and distinctive elements that represent In-N-Out Burger customers.
A spokesperson for Puma said the company does not comment on ongoing court cases.