In-N-Out Hits Puma With Trademark Lawsuit Over ‘Drive Thru’ Sneaker Design

In-N-Out plays no games when it comes to their name and likeness!

The notorious West Coast burger company is ready to go to war with Puma and designer, Mike Cherman, over their new “Cali-0 Drive Thru” sneakers. The problem stems from the sneakers’ yellow and red checkered pattern, similar to In-N-Out’s trademarked look.

Court documents made it clear that there was no permission granted to any third party to use the theme. Further information went on to say the shoes, “bear marks essentially identical to In-N-Out’s federally registered Palm Tree mark and use design elements confusingly similar to In-N-Out’s federally registered Red and Yellow In-N-Out mark and In-N-Out Trade Dress.”

Confusing, indeed, since media reports have already mistaken the new Puma designs as a collaboration with the fast food restaurant. Arnie Wensinger, executive vice president of In-N-Out Burger, expressed to NBC4, “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.”

On the other hand, Puma’s site explained, “The California Drive-Thru pays homage to this classic style and an essential part of the Cali lifestyle: its burger diners.” While frustrations have been made clear, sales of the “Cali-0” shoes have not stopped. 

Actions against the sale of the sneakers and profits made from them are still being sought.