Japanese Media Spots The Trick After Latest In-N-Out Trademark Tourism Popup

Finally! We’ve been covering famed burger chain In-N-Out’s longstanding bullshit tactic for retaining trademark rights all over the world by standing up popup locations briefly once every couple of years just to satisfy the requirements to use the mark in commerce. What is far too common in the coverage about lawsuits or threats of suits that the chain has lobbed at international businesses it feels are infringing on those mostly unused trademarks is any recognition in the press that this is pure trademark tourism. In fact, in many cases, the press coverage will include speculation about whether all of this means that In-N-Out is finally going international.

But In-N-Out’s latest international popup was so absurdly brief in its appearance that the Japanese press appears to have caught the plot.

On June 7, Californian burgers briefly interrupted the Tokyo workday. The culty American chain In-N-Out landed in Ebisu for a pop-up that lasted four hours. A reported 1,000 people turned up for the limited menu of just three items. And as quickly as it came, it went, leaving a wake of people on social media distraught that they hadn’t gotten the memo in time.

Yup, 3 menu items were on offer over the course of four hours to serve roughly a thousand patrons. I’ll give In-N-Out this much credit: it’s not even trying to pretend that this is about doing any real business in Japan. Separately, while the company declined to comment on whether the popup was designed purely to retain several trademarks the company has in Japan, that didn’t stop The Japan Times from filling in the blanks for its readers.

In 2017, trademark lawyer Chris Maher, then working for legal firm King & Wood Mallesons, wrote about the company, noting that in Australia, trademarks can be challenged and revoked if the registrants don’t show activity in the country for three years. He argued that In-N-Out’s pop-up tactic would qualify as an activity that would let it protect its trademark, but that it would have to keep coming back every few years — which is exactly what it has done.

Maher points out in an email that the three-item menu served in Ebisu directly reflects the company’s trademark portfolio. Fries aren’t registered, and fries weren’t served; neither were three- or four-patty burgers, or grilled cheese.

So, no, In-N-Out is not expanding to Japan. Or Australia. Or Canada. Or South Korea. Or, hell, the East Coast of the United States. It will visit those places now and then purely to retain its trademarks, like that one family member who needs to come visit for a week every couple of years to get back on their feet after losing their job yet again, but that’s about it.