Puma

A new pair of shoes caught the burger chain's eye but not in a good way

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March 08, 2019 03:13 PM

Puma is in hot water with beloved California burger chain In-N-Out.

On Mar. 1, In-N-Out filed a copyright infringement lawsuit over a new pair of Puma sneakers, claiming the company used its trademarks and trade dress — a form of intellectual property which refers to recognizable packaging or visual appearance — without permission, according to NBC4 San Diego.

In-N-Out claims that the shoes in question, which were launched in February 2019 in collaboration with streetwear designer Mike Cherman, ripped off their federally registered palm tree logo as well as the red and yellow coloring the brand is known for, the outlet reported.

In a statement to PEOPLE, Arnie Wensinger, Executive Vice President In-N-Out Burger claimed the fast food company did not “authorize Puma and Cherman’s intentional use of In-N-Out’s trademarks and trade dress.”

“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,” the statement continued. “We will always vigorously defend our trademarks and the distinctive elements that represent our brand to our Customers.”

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Although Puma did not respond to PEOPLE’s request for comment, a spokesperson told Fox News the company does not comment on ongoing court cases.

In-N-Out
Luke Sharrett/Bloomberg/Getty
Puma

Although Puma never specifically mentioned In-N-Out while promoting the shoe, named the “California Drive Thru’ sneakers, the brand has marketed them in connection with hamburgers — and some brands and consumers mistakenly assumed that the shoes were a collaboration between the two brands.

On its website, Puma writes that the shoes pay “homage to this classic style and an essential part of the Cali lifestyle: its burger diners.”

High Snobriety also pointed out that Cherman’s streetwear brand Chinatown Market has a long history of using famous logos and designs in their apparel.

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As part of the lawsuit, In-N-Out has asked Puma to stop producing the shoes or promoting them, according to NBC4 San Diego. In addition to suing for damages, In-N-Out is also looking to be awarded profits from sales.

The shoes are still being sold on Puma’s website for $90, with plain white laces.

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