(FOX 11) - There's a burger battle brewing and it involves the iconic In-n-Out 'double double.'
The Denver-based Smashburger' has created a burger it calls the 'Triple double'-- you see that on the right.
In-n-Out says that is just too close to its 'Double double'-- of course everyone knows that's the burger on the left.
So they are suing Smashburger for trademark infringement.
The 'Triple double' was launched in July.
In-n-Out has held a trademark on the 'Double double' since 1963, and has a similar trademark on their 'Triple triple' since 1966.
No comment from Smashburger at this time.
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