In-N-Out Sends Model Cease and Desist Order Over Highly Sexualized "Ad"

[jimboa24]

The fast food chain doesn't like being associated with highly sexualized media, doesn't feel it fits their corporate image, and has sent model Abigail Ratchford a cease and desist order over a video she made of herself gorging on the food, ala Carls Junior-style ads.

Now I know most of you are immediately going to go nuts over "another example of a religious group being unreasonable prudes" or something like that, but there's another issue here that most of the knee-jerk crowd are going to ignore so they can get in their obligatory religion-bashing: does a corporation have the right or not to control how their brand is used, and do they not have the right to decide how they want their corporate image and logo used? Here's the video:



If Abigail were using similar, but not exact In-N-Out logos, then the company wouldn't have a leg to stand on, but considering she used In-N-Out hats with the logo easily and recognizably front and center, I'm pretty sure they do have a case here. Not all companies want to go the "sex sells" route or have their image associated with certain imagery.

If this were any other company, and a major church organization released a similar video except using religious iconography and symbolism, and that company sent a cease and desist order to take said video down, I'm willing to bet those calling In-N-Out prudes would all be squarely on the side of the cease and desist order. I actually respect In-N-Out for wanting to control their own image and not wanting to sell out the way Carls Junior has, even if it makes them look like a bunch of religious tossers out to ruin everyone's fun, and even if the "ad" made them money. I'm sure most of you guys disagree, but I thought this was an interesting bit of news when it comes to the legality of how much control a company has over the use of their brand and how that brand is used in social media.

[Hooked]

its more like soft porn than an add.

[Captain N]

Just slap a Brazzers logo across the top blocking out the In-N-Out paper hat - Problem Solved.

[jimboa24]

Just slap a Brazzers logo across the top blocking out the In-N-Out paper hat - Problem Solved.

Pretty much. Or just blurring over the logo and any recognizable In-N-Out brand symbol and she's in the clear.

[Super Friendly Kitty Cat]

God damn. That is a woman. Good Lord almighty.

[Vash The Stampede]

Watching that gave me diabetes.

[Valerossi]

Watching that gave me diabetes.

Gave me a boner.

[Mistame]

Looks like she eats there, too.

[Tradewind]

lol could you work in more blathering about religions OP?

[oxymoronic]

when did fat girls become so popular? i mean yeah nice tits but cmon shes big as fuck

[melodramocracy]

Cute gal. Pretty dumb 'ad' though, or whatever it's intended to be.

[Celista]

God damn. That is a woman. Good Lord almighty.

Lots of makeup and supposedly she's a little dumb.

[Super Kami Dende]

She looks like she was molded in Terracotta.

[Independent voter]

Now I want an In and Out burger...

[Super Friendly Kitty Cat]

Lots of makeup and supposedly she's a little dumb.

Uh oh, an attractive woman has caught the eye of many men and it isn't you. Better trot out the ol' "too much make-up and she is dumb" routine to cover up resentment!

[Tesuque]

Of course a company has a right to control how their brand and logo is used. That's 100% legal. What is the point of your post, OP? Just so you could play a soft porn food video?

[Celista]

Uh oh, an attractive woman has caught the eye of many men and it isn't you. Better trot out the ol' "too much make-up and she is dumb" routine to cover up resentment!

Psh I'm not resentful, lol. You have apparently not seen/heard much about her. She looks good here but look at some prior videos, the fact that she doesn't have much going on upstairs was pretty apparent during an interview she gave.

Don't ask me why I know all these things.

[alzoron]

What law is she guilty of violating? Trademark Infringement only apply when you use a companies trademarks for competing or related goods or services. She's not competing or selling related goods or services unless In-N-Out has a softcore porn business on the side I didn't know about.

[Tradewind]

What law is she guilty of violating? Trademark Infringement only apply when you use a companies trademarks for competing or related goods or services. She's not competing or selling related goods or services unless In-N-Out has a softcore porn business on the side I didn't know about.

The video is called "In-N-Out" she's wearing an "In-N-Out" hat and presumably surrounded by In-N-Out burgers and smearing milkshake shit all over herself. A company and owner of a trademark or brand has the right to protect their brand, especially when another party is using it for their own gains and in a manner that could easily confuse some of the public that the company is associated with it and whether or not it is causing damage to the business or goodwill of the brand owner.

As owners of a trademark and brand they're entirely within their legal rights here to tell her to knock it off if they want to.

[Saiona]

when did fat girls become so popular? i mean yeah nice tits but cmon shes big as fuck

How the hell is she fat. I challenge you to upload a shirtless picture I am willing to bet you look worse.