Making a burger is so simple - Grill a meat patty on a barbeque. Add tomato sauce and lettuce, and put it in a roll and there you have it! Your burger is ready to eat.
A burger business is not so simple. Why not? Because there is some very serious competition: McDonalds, Hungry Jacks, Grill'd, and many more. All told, there are more than 10,000 burger shops in Australia.
In 2016, two young players decided to set up a burger business. Instead of coming up with a new name and concept they decided to use the name of burger store from the USA called In N' Out, which had run successful pop-up events in Australia.
The called it Down N' Out. They copied the menu, with offerings such as ' Protein Style' and 'Animal Style' burgers, and 'Not So Secret Menu'.
Not unexpectedly, it has all ended in tears in the Federal Court of Australia.
The Court has ordered the destruction and delivery up of all materials bearing the Down N' Out name, the take down of the Facebook pages and Instagram page, giving up the domain name and removing the name and logo from its burger bar in the Sydney CBD. What's more it will pay In N' Out's massive legal fees and pay compensation.
To answer the question - it's not hard to make a burger. What is hard when setting up a burger is that you can't copy anyone else's business, especially when it comes to the name.