Smalls Sliders, the 19-unit, Atlanta-based burger chain, has filed a trademark lawsuit in the District of Colorado against the Denver, Colo.-based, 210-unit Smashburger chain. The company claims Smashburger’s new logo, an orange, S-shaped burger, is too similar to the logo Smalls Sliders already uses.
According to the lawsuit, Smalls Sliders has been using the S-shaped formative logo since at least 2019and owns the trademark variations or has applications in place for all versions of the logo. Smalls Sliders also has a trademark application pending for use of the specific orange color “Smorange,” that the company uses in all of its logos and signage.
Smashburger recently unveiled the new logo in question as part of a brand refresh in September, as reported by Nation’s Restaurant News. and cited in the lawsuit. Smashburger filed an intent-to-use trademark application with the U.S. Patent and Trademark Office in July, and now both the orange color and stylized “S” are in use on Smashburger’s website and throughout the company’s digital and physical branding.
“The defendants’ mark is highly similar to the plaintiffs’ mark, both of which are used in connection with identical QSR services featuring made-to-order burgers and shakes, advertised and promoted to the same customers via the same trade channels and via the same advertising and promotional media channels,” the lawsuit reads.
The lawsuit states that Smalls Sliders sent a cease-and-desist letter to Smashburger in September, demanding that the company change its logo, and the company responded almost a month later, declining to comply with Smalls Sliders’ demands.
“The defendants’ conduct… has caused and is likely to cause confusion, mistake, and deception among the relevant consuming public as to the source or origin of the defendants’ QSR services,” the lawsuit said, adding that it is likely that members of the public will mistakenly associate Smashburger now with Smalls Sliders.
Smalls Sliders is suing Smashburger on counts of both trademark infringement and unfair competition, and the company is asking the court to grant an injunction permanently banning Smashburger from using the logo or any other with a similarly stylized, orange-colored “S,” or from registering to apply for trademark usage of any similar logos.
"We are aware of the trademark infringement lawsuit and take the allegations seriously," representatives for Smashburger said in a statement. "Our legal team is reviewing the matter, and while we cannot comment on ongoing litigation, we are committed to protecting our brand and stakeholders."
This is not the first time a larger national restaurant chain has been pitted legally against a smaller brand within the same foodservice category. Taco Bell won trademark cases against Taco John’s and other smaller taco brands, which held trademarks for the term Taco Tuesday, freeing the phrase so that it can be used by any restaurant.
The attorneys representing Smalls Sliders did not respond to requests for comment in time for publication.
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