The 2 Restaurant Chains In A Legal Battle Over Trademarked Logo Use

Two of America's favorite hamburger joints are serving more than burgers these days. There's also a lawsuit heating up, a battle over logo usage that could trigger a rebrand for one of the contenders. Atlanta-based Smalls Sliders sued Denver-based Smashburger in December 2024 for trademark infringement and unfair competition, alleging that Smashburger's logo and orange color are too similar to the S-shaped orange burger logo that represents Smalls Sliders. The company isn't yet asking for damages or reimbursement from Smashburger like the plaintiffs are in Aldi's latest $10 million lawsuit — instead Smalls Sliders wants the court to grant an injunction blocking Smashburger from using the S-shaped logo or the color orange in its branding. Litigation is ongoing.

The lawsuit was triggered by Smashburger's summer 2024 rebrand, a project that included eight new menu items, changes in recipes, and the new logo. The buzz about the new Bacon Stacked Smash, Peanut Butter Cookie Shake, and Scorchin' Hot Tots didn't last long, though, before chatter turned to the logo. Smalls Sliders sent Smashburger a cease-and-desist letter in September, pointing out the company's new logo was pretty much the same as Smalls Sliders — the bright orange color, and all. Smashburger refused, so Smalls Sliders proceeded with the trademark lawsuit a couple of months later. The latest entry on the docket is from August 8, 2025, documenting the filing of an order to amend a motion filed with the court.

The menus at Smalls Sliders and Smashburger are just as similar as their logos these days, with a focus on thin, crispy smash burgers and sides. The origins of the first smash burger lie within the walls of a fast food joint in Kentucky, but unlike a few other foods you didn't know were trademarked, nobody owns a patent or trademark on smash burgers as a food type. Logos, however, can be trademarked. Smalls Sliders has been using its iconic S-shaped orange burger logo since 2019 and holds the rights and trademarks to the logo. Smalls Sliders even trademarked the color of the logo, "Smorange," and alleges in the lawsuit that Smashburger copied that color for the rebrand. 

It's up to the courts to decide whether Smashburger must change its logo again, and there are a few things that need to be proven to trigger that outcome. Smalls Sliders has to prove ownership and validity of the logo, likelihood of customer confusion and evidence of actual confusion, as well as Smashburger's intent to copy the logo with its own S-shaped burger logo. To prove Smalls Sliders' unfair competition allegation, the company must prove a direct link between deceptive conduct and commercial injury, and provide evidence of material misstatements like false advertising.