In-N-Out Burger is suing a popular YouTuber who it says posed as an employee of the burger chain and filmed his interactions with customers, later posting the videos online.
The lawsuit, filed in district court in central California, alleges that internet personality Bryan Arnett impersonated an In-N-Out worker by wearing a fake uniform bearing the company’s trademarked branding. He duped customers into believing he represented the brand in order to damage its reputation, the complaint claims.
Arnett filmed himself engaging with customers as he made “lewd, derogatory and profane remarks,” In-N-Out Burger states in the suit.
For example, while impersonating an employee, he led customers to believe that the company’s food contained cockroaches and condoms, the restaurant chain alleges. He also told customers that restaurant associates “put their feet in lettuce served to customers,” the lawsuit claims.
Arnett did not immediately respond to CBS MoneyWatch’s request for comment.
In-N-Out, which was launched in 1948 and is based in Irvine, California, owns and operates restaurants in California, Nevada, Arizona, Utah and Texas.
In-N-Out is suing Arnett for alleged trademark infringement and business defamation, and is seeking to ban Arnett from its establishments. It also wants to require that he remove online posts and videos that refer to In-N-Out. The company is suing for damages and any profits he might have made from his videos.
The prank videos have since been removed from Arnett’s public YouTube channel and are no longer viewable online.
Arnett has roughly 334,000 YouTube subscribers and shares videos online on a range of topics. In one video, for example, he tested Planet Fitness’ policy that lets premium members work out as long as they want by spending 24 hours at the gym.
Megan Cerullo is a New York-based reporter for CBS MoneyWatch covering small business, workplace, health care, consumer spending and personal finance topics. She regularly appears on CBS News 24/7 to discuss her reporting.
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