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A Sydney burger chain that dubbed itself Down N Out in a nod to US fast-food giant In-N-Out Burger has lost a legal bid to flip a court decision that forced it to stop using the name and hand over its signs and promotional materials.
In February this year, Federal Court Justice Anna Katzmann ruled In-N-Out had proved its case of trademark infringement, passing-off and misleading or deceptive conduct against the Sydney-based company Hashtag Burgers, in a fast food feud examining the line between inspiration and appropriation .
Food fight: In-N-Out sued Down N Out in the Federal Court.
Credit:Janie Barrett, Supplied