Do Fries Come With That Smog Check?
When In-N-Out Burger sued a similarly named smog check company, the defendant raised an interesting question, "How can it be infringement? We're not selling hamburgers or hot dogs."
How can it be infringement? Let's see, the burger company could argue (a) that its drive-in origins show a likelihood of expansion or (b) that it plans to someday offer an innovative menu of lube jobs and fries that others have pioneered, or (c) that there is a strong California connection between drive-in burgers and smog, or (d) that the In-N-Out mark has become so famous that the smog check use is diluting (I vote for that one). Of course, defenders of the In-N-Out trademark will have a busy time protecting the fort; there are registered marks using "In and Out" variations for rain resistant fabrics, banking services, electrical connection boxes, real estate services, and more.
How many reporters does it take to screw in a trademark? It's not uncommon for writers to mix up their intellectual property terms so we'll send Chronicle reporter Henry K. Lee a review copy of Patent, Copyright & Trademark for writing that the fast food company was claiming infringement of "its copyright under state and federal trademark laws." Ouch.
