In-N-Out Lawyers Take Oft-Overlooked Path Of 'Not Being Jerks'

Cease-and-desist letters are usually bullying. It doesn't have to be that way.

(by Zink Dawg via Wikimedia)

Cease-and-desist letters are usually an opportunity for lawyers to expose themselves as inveterate pricks, playfully piling on menacing language in the hopes of intimidating some poor, untrained soul into wetting themselves in fear. It’s this unsavory quality that gives us so much joy when a skilled lawyer mercilessly eviscerates some bullying cease and desist letter about porn stars. Unfortunately, these takedowns are relatively rare and bullying remains a cost-effective means of dealing with a legal dispute.

But lawyers don’t have to be jerks to protect their clients. In-N-Out Burger recently learned that Seven Stills Brewery had crafted an “In-N-Stout” beer complete with a ripoff of the burger joint’s iconic logo. This aggression will not stand, man. Yet, when it came to drafting the cease-and-desist letter, In-N-Out decided to have some fun with it.

From the Seven Stills Instagram feed:

You know, Seven Stills, if you’re in trouble for violating trademarks, that “Highlights” logo might not be the best choice.

However, let’s applaud the extensive use of puns in this letter. From “Based on your use of our marks, we felt obligated to hop to action in order to prevent further issues from brewing” to “We hope you appreciate, however, that we are attempting to clearly distill our rights by crafting an amicable approach with you, rather than barrel through this,” this is a tour de force. The signature line is obscured so I don’t know which lawyer was tapped to draft this letter, but they must have had fun.

Sponsored

And… it worked. Seven Stills says it will change its packaging forthwith. No harm done and everyone got some publicity out of it. It’s reminiscent of Bud Light’s classy move sending a Town Crier to deliver a C&D or the cleverly crafted Stranger Things letter. When lawyers don’t take a hard line, they can usually get what their clients want without engendering ill-will.

Granted In-N-Out isn’t always this magnanimous. Earlier this year, the Fifth Circuit had to scold them for playing hardball with employees agitating for a living wage. Perhaps that experience chastened them here.

Whatever the case, more lawyers should heed this lesson.

In-N-Out’s Lawyers Just Sent a Cease and Desist Letter That May Restore Your Faith in Lawyers (For 5 Minutes) [Inc.]

Earlier: Bud Light Lawyers Send Town Crier To Deliver Cease And Desist Letter
The Most Epic Lawyer Response Ever To A Porn Star Threatening To Sue
Now THIS Is How You Write A Cease-And-Desist Letter

Sponsored


HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news.