(KGTV) — Stark similarities between a San Francisco brewery's beer can and the iconic soft drink cups used at In-N-Out prompted the burger chain to issue a cease and desist letter, though not without some light-hearted humor.
Seven Stills Brewing recently crafted a new Neapolitan-style beer called "In-N-Stout," wrapped in a design resembling the much-loved burger chain's cup featuring palm trees and its signature yellow arrow.
The resemblance is uncanny. So much so that it forced the burger chain to respond with a letter, politely asking the brewery to ditch the can.
The brewery posted the pun-laden letter on Instagram, with the caption, "We count 9. Can you find them all?"
"Based on your use of our marks, we felt obligated to hop to action in order to prevent further issues from brewing," In-N-Out wrote. "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.
"We look forward to resolving this in good spirits," the letter ends.
The brewery has since said they will repackage the beer, though it will remain a Neapolitan-flavored stout. They'll also be serving In-N-Out to the first 100 guests on release day.
Just to be perfectly clear, we are not releasing this can tomorrow. We will be releasing the stout in a different package and serving in n out to the first 100 guests at 4. 12 cases are going to the distillery, 12 to @sevenstillshardfrescostaproom and five cases are going to the @sevenstillsnobhill. Cans are $10 each of four for $36, limit 8pp. The beer is a barrel aged imperial stout with vanilla chocolate and strawberries added and clocks in at 13.5%. We are also releasing six unique variants at our locations and several bars in the bay. 15 cases also made it out to distro around sf with a limit of one case per account so make sure to grab one if you see it on the shelf #yeezus2020
It's not the first time the brewery has taken inspiration from a popular brand. Seven Stills also brews a beer called "Rod and Reel," with a can featuring little fish resemble a "Swedish Fish" gummy candy wrapper.
It's also not the first time in recent months In-N-Out has been forced to take action for its brand. The chain brought a lawsuit against Australian restaurant "Down N' Out" in April, claiming the restaurant misleads customers by passing off its product as similar to In-N-Out.