This week’s BL Business Branding Newsletter serves up a sizzling fast-food trademark dispute. Atlanta-based restaurant Smalls Sliders has filed a lawsuit against Denver-based chain Smashburger, claiming that Smashburger’s recent rebrand was eating Smalls’ leftovers.
Competition in the fast food space is fierce, and companies looking to outperform their peers are constantly looking for a new way to get consumers engaged with their brand to drive growth and differentiate themselves. From Wendy’s iconic attitude on social media to Burger King’s jingles that you cannot get out of your head, fast food chains are prioritizing ways to make themselves memorable. So what happens when two companies become almost indistinguishable?
Filed in the U.S. District Court for the District of Colorado in December 2024, Smalls Sliders’ lawsuit alleges that Smashburger’s rebrand that same year contained a new “S-shaped burger” logo that was confusingly similar to Smalls’ trademarked logo, which also features an orange stylized “S” in the shape of a burger. Since 2019, Smalls has used its distinctive “S” logo, supported by trademarks and pending applications. The company even applied to trademark the brand’s signature shade of orange, “Smorange,” which is incorporated across its restaurants, packaging, uniforms, and marketing.
Smashburger’s nationwide rebrand was meant to cook up some fresh energy for the chain by introducing new menu items and bringing new life to the brand’s voice. Instead, controversy around its new logo has been at the forefront of the conversation, overshadowing the growth the company was attempting to achieve. Following the Summer 2024 rollout, Smalls Sliders noticed the alleged infringement and sent a cease-and-desist letter to Smashburger the following September. When Smashburger did not comply with its request, Smalls filed a lawsuit claiming trademark infringement and unfair competition, asking the court to issue an injunction permanently barring Smashburger from using the logo or any similar orange S-shaped marks.
What Can Businesses Learn From This?
This trademark dispute is a reminder that rebrands, while exciting, can quickly go from a fresh start to a legal food fight. Even the smallest details, like a stylized letter or a signature color, can be trademark-protected. Before rolling out a rebrand, businesses should be sure to do their research on existing trademarks to avoid stepping on any toes, and to ensure that your company can develop its own unique identity and corner of the market. By investing in research and legal review before launch, companies can avoid a public misstep and ensure their rebrand makes headlines for the right reasons.
Have questions about how to protect and elevate your company’s brand? Contact our BL Trademark Team by reaching out to Seth Berenzweig at sberenzweig@berenzweiglaw.com today.