Smashburger’s recent rebranding efforts are now under legal scrutiny.
Smalls Sliders filed a lawsuit against the national burger brand, accusing it of trademark infringement and unfair competition. The filing centers on Smashburger’s newly adopted logo, which prominently features a stylized “S” and the color orange—design elements Smalls claims are strikingly similar to its own branding.
In the complaint, Smalls alleges that Smashburger’s refreshed branding is likely to confuse consumers and mislead them into believing the two brands are connected. Smalls, which operates or is developing more than 325 locations, states it has been using its distinctive orange-themed “S”-formative logo since at least 2019 and holds trademark registrations and common law rights for the design.
Smashburger unveiled its updated logo earlier this year as part of a broader rebrand. In a press release, the chain called it “a refreshed brand identity that infuses the company with vibrant new energy and a modern look.” The update came with redesigned logos, new colors, fresh typefaces, and a distinctive brand voice.
The new logo and color scheme, Smalls contends, infringe on its intellectual property and look to capitalize on its reputation in the fast-growing QSR segment. Smalls further alleges that Smashburger’s actions were intentional and aimed at using Small’s goodwill to attract customers.
Smalls is seeking a court order to stop Smashburger from using the contested logo, abandon trademark applications for the design, and destroy all materials featuring the disputed branding. The company is also pursuing damages, including profits gained by Smashburger through the alleged infringement, along with attorneys’ fees and other costs.
“Protecting the Smalls Sliders brand and our intellectual property is of the utmost importance to us. We remain committed to preserving its integrity,” Smalls said in an emailed statement.
Smashburger said it was aware of the trademark infringement lawsuit and that it takes the allegations seriously.
“Our legal team is reviewing the matter, and while we cannot comment on ongoing litigation, we are committed to protecting our brand and stakeholders,” the brand said in a statement.
In this type of lawsuit, the main question is whether or not the average consumer might get the two companies confused because of the similarity in the logos, according to trademark attorney Josh Gerben. The question that would be asked at trial in this case is whether or not a customer of Smalls might think that Smashburger is affiliated with Smalls or a Smalls restaurant itself because of the similar logos.
“From a 30,000-foot view, Small Sliders has a very legitimate case,” Gerben says. “The logos do appear similar and use similar fonts and colors. That said, defenses could certainly exist for Smashburger. For example, if there are a lot of other restaurants that use a similar ‘S’ logo, this would weaken Small Sliders’ case.”
Gerben expects the case to settle out of court. He adds that most trademark cases become expensive and risky for both parties. If the case were fully litigated, it would take two to three years to work through the court system and reach trial.
