from the reputational-suicide dept

There’s looking a gift horse in the mouth, and then there’s deciding to shoot that gift horse in the face repeatedly for no good reason. Famed West Coast burger chain In-N-Out has an equally robust reputation as a trademark bully and bad actor. Whether it’s the trademark tourism the company engages in, in which it runs popup stores in overseas markets once every couple of years just to keep their trademarks valid in those markets, or the strict enforcement of its marks in ways that defy the law’s requirements, it seems In-N-Out loves its trademarks more than its own reputation and good business.

But the complete lack of business sense on display in this most recent story is simply breathtaking. Lincoln High School out of Lincoln, CA has what appears to be a nice little culture within its football program at the school. Part of that culture is to have post-game get togethers at the local In-N-Out and they managed to work out a plan with that local store to take some pictures of the players there for a larger video showing off how the team spends their time together. And, for reasons that I can’t possibly explain, In-N-Out sent the school a demand to take the pictures and video down.

In-N-Out asked the Fighting Zebras to remove photos and videos from the viral photo shoot at its Lincoln restaurant at 850 Groveland Lane at Ferrari Ranch Road, saying the team’s use of the restaurant crossed a line involving its trademarks.

Photographer Glenn Silva’s photos and video quickly took off online. One video received more than 600,000 views and about 26,100 likes. The company said corporate approval was required for filming and photography at its restaurants and requested that the team and Silva remove the content within three business days.

This is stupid for all kinds of reasons. First, the school did work with the local store and it appears it’s that local store that didn’t follow whatever corporate guidelines the company has for this sort of thing. That’s not on the school. Second, the school actually engaged an IP attorney to try to make the case that none of this is actual trademark infringement, but photos of high school kids having a good time at one of their restaurants, but the lawyers at In-N-Out still refused to budge on their stance.

And, finally, we have the gift horse part of this equation. These were photos and a video of a bunch of kids and other people having a good time at In-N-Out! It’s the kind of organic marketing and goodwill-generating fun that most companies absolutely dream of capturing for their businesses. But here, the company decides that all of that organic marketing and good PR is fit for the dumpster, all in the name of trademark law?

“We appreciate the positive relationship your organization has with INO, and we hope the Fighting Zebras continue to enjoy many more post-game visits,” the email said. “Thank you again, and best of luck with the rest of the season!”

Yeah, and hopefully it’s a season where the local team can find a different post-game hangout spot, one that actually appreciates the team’s presence, fandom, and its willingness to spread the good word about the fun it’s having after games. Because In-N-Out’s deference to corporate lawyers is the opposite of that.

This is what the company wants to be associated with? Really!?!?

Filed Under: california, high school football, lincoln, trademark
Companies: in-n-out