IRVINE (CBS-Riverside) — It’s an offering that is not making the folks at In-N-Out Not very happy, the triple double burger versus the Double Double. Smashburger is being sued by In-N-Out for their new creation.

Smashburger introduced their “triple double” burger over the summer and this week In-N-Out filed a trademark infringement lawsuit, saying the name of the new sandwich is too close to its trademark Double-Double.

CBS Los Angeles reports that according to the complaint, In-N-Out, which has trademarks on many of its sandwiches, including the Double-Double, Triple Triple and Quad Quad, believe Smashburger’s usage of “triple double” may mislead and confuse customers and it might hurt In-N-Out’s business.

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