A California high school football team briefly had an Instagram smash. A behind-the-scenes video of the players posing in uniform behind the counter and drive-thru window at their local In-N-Out in the Sacramento suburb of Lincoln drew nearly a million views—then drew a cease-and-desist. In-N-Out's trademark department emailed photographer Glenn Silva and the team, ordering all images removed and warning that using its restaurants, logos, and other branding without authorization could violate intellectual property rights, the Los Angeles Times reports. The photos were intended to convey what that burger spot meant to the Fighting Zebras' culture, per KTLA.
Silva said the store manager had granted permission and opened the restaurant early for the shoot, which was organized by a team parent and booster and meant as a keepsake, not an ad campaign. He asked corporate for a one-time exception, per the Times; a company lawyer declined, citing a policy that only headquarters can approve commercial or promotional shoots. Legal scholars said In-N-Out would likely have a weak case if it pushed the trademark issue in court, noting that the chain has a history of aggressively policing its brand. The players complied and deleted the viral content, calling the outcome disappointing. "They just love celebrating there on Friday nights after their game," said Chelsey Vanderschrier, the parental instigator.
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