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Hamburglar cleared in burger brand theft

Inoutlogo There are few simple pleasures I miss more from California than stopping by In-N-Out Burger for a double-double with fries and a shake. The fries are fresh-cut, the employee uniform includes a ridiculously large safety pin, and you can feel sly by ordering off the not-so-secret secret menu. Alas, In-N-Out has declined to expand outside of California, Nevada and Arizona. That hasn’t stopped them from suing a guy who decided to take his own swing at the business model. Chadders in American Fork, Utah, mimicked everything down to the secret menu, with only a few negligible changes. Although this is technically a battle over “trade dress,” the more important question to me is this: If a business refuses to expand on its successful model, should that bar it from being tried anywhere else in the world? (For the record, this isn’t the first In-N-Out clone.) I personally agree with Brand Story’s suggestion that In-N-Out respond by opening its own location across the street from the upstarts. Then we all win.

—Posted by David Griner

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AdFreak is your daily blog of the best and worst of creativity in advertising, media, marketing and design. Follow us as we celebrate (and skewer) the latest, greatest, quirkiest and freakiest commercials, promos, trailers, posters, billboards, logos and package designs around. Edited by Adweek's Tim Nudd and David Griner.

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