In-N-Out sues YouTuber over prank videos impersonating an employee: “Knew what kind of waters I was stepping into”
Supposedly, imitation is meant to be the finest form of flattery, but In-N-Out certainly didn't see it that way.
Last week, the fast food restaurant took comedian and content creator Bryan Arnett to federal court, charging him with trespassing, trade libel, and trademark infringement. Per the lawsuit, Arnett pretended to be an In-N-Out employee in YouTube videos.
What upset In-N-Out?
As reported by The Independent, Arnett donned a white shirt, red apron, and paper In-N-Out hat to play the role of a drive-thru worker.
The series of videos related to this prank were purportedly filmed at In-N-Out branches in LA while the eateries were closed for Easter Sunday. So, the customers were fake too.
As an 'employee,' Arnett allegedly made “lewd, derogatory and profane remarks” to 'customers.' For instance, he asked one customer: "I like watching my wife sleeping with other men. Is that something you’d be interested in?"
He also seemingly took fake orders, offered non-existent menu items, and claimed cockroaches and condoms inside the food. At the time of writing, the videos in question appear to have been taken down, but other videos of Arnett filming inside of an In-N-Out remain live:
What is the lawsuit about?
The suit wants three things: to ban Arnett from all In-N-Out locations, to recoup any earnings from the video, and to pursue damages.
As reported by SFGate, Arnett responded to the lawsuit with a video, during which, ironically, he was eating In-N-Out.
"When I went out and filmed the video, I kinda knew what kind of waters I was stepping into," he said. "I knew I was kinda teetering the line a little bit, pushing my luck."
He adds, "I wouldn’t say I’m worried about the lawsuit. Like yeah, sure, it’ll probably be annoying or whatever, but whatever’s gonna happen is gonna happen."
In a statement to The Independent, In-N-Out Burger Chief Legal & Business Officer Arnie Wensinger said, "Recently, we have seen an increase in online media personalities who have chosen to play pranks or practical jokes that are designed to embarrass, humiliate, or upset our Customers, their families, and our Associates. These individuals have engaged in behavior that includes deception, trespass, lewdness, and other actions that have then been posted on social media for their personal and monetary gain at the expense of our Customers and the In-N-Out Burger brand."
He concluded, "By filing this lawsuit, we are putting all such individuals on notice that In-N-Out Burger will aggressively pursue all legal rights against these individuals going forward."
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