A message to social media content creators: Don’t mess with In-N-Out.
The Irvine, California-based fast-food chain last week sued comedian Bryan Arnett in federal court, charging him with trademark infringement, trade libel and trespassing after he pretended to be an In-N-Out worker in videos and made “lewd, derogatory and profane remarks” to customers, and stating that cockroaches and condoms had been found in the food, according to the lawsuit.
Arnett is a content creator and the videos were meant to be “pranks,” filmed at In-N-Out locations in the Los Angeles area on Easter Sunday, when the restaurants were closed. According to SF Gate, Arnett has more than 60,000 followers on YouTube and Instagram.
The videos appear to have been pulled from YouTube, but some are viewable on Instagram. He has pranked In-N-Out in the past, paying for a stranger’s order using pennies and sneaking his own photo on the wall as employee of the month, according to SF Gate.
But this time, he went too far.
According to court documents, Arnett dressed as an In-N-Out associate "in order to abuse In-N-Out customers’ trust,” filming guests without permission, and posting videos with “false and misleading statements impugning In-N-Out’s reputation and food quality.”
Arnett, for example, asked one customer, “I like watching my wife sleep with other men. Is that something you would be interested in?” The lawsuit notes that this incident or another similar interaction caused the customer to call the police.
Arnett also made references to “a pretty bad cockroach problem” in front of another potential customer, the lawsuit said. And, in another incident, pulled a condom out of an In-N-Out takeaway bag in front of another, asking, “Would you like a condom with your order, Sir?”
He allegedly asked another customer if they wanted to try “doggie-style fries,” which Arnett described as “real messy.” In-N-Out notes in the lawsuit that there is no such food item on the menu.
In May, In-N-Out demanded in a letter that Arnett remove all social media posts referring to the chain, its customers or associates and destroy all props, as well as demanding that he stop making videos about In-N-Out. As of June 20, the company said Arnett refused to respond.
Arnett did not immediately respond to requests for comment.
In-N-Out has long been very protective of its brand, often taking perceived trademark violators to court. For example, In-N-Out in 2017 sued Smashburger over use of the phrase “Triple Double.” In 2019, the chain reportedly sued Puma, arguing a sneaker design too closely resembled In-N-Out branding. And in 2020, In-N-Out sued an Australian virtual concept called In & Out Aussie Burgers, arguing it was misleading customers on delivery platforms in that country.
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