In-N-Out has filed a lawsuit against YouTube creator Dulaney McAlister, known online as “Duman,” following a prank video in which he allegedly posed as an employee at one of the fast-food chain’s locations. The video has since been removed from his channel.
The video and lawsuit
According to the complaint, McAlister entered a Southern California In-N-Out restaurant dressed in a uniform resembling the company’s, claiming to be a corporate manager. He falsely told employees and customers that the store was being shut down due to health violations.
The company’s legal team states that the creator remained at the location for several minutes after being asked to leave by staff. In-N-Out is suing McAlister for trademark infringement, trespassing, and unfair competition. The lawsuit was filed in the Superior Court of California on June 24.
In a statement, In-N-Out said the video misrepresented its brand and created confusion for employees and guests.
Brand use and content creation
This case raises ongoing questions about how far creators can go when producing prank content involving real businesses. While creators often use branded environments for entertainment, companies may view it as a violation of trademark protections, especially if the content implies affiliation or causes disruption.
McAlister has not issued a public response as of this writing. His channel has over 450,000 subscribers and frequently features prank-style videos.
This is not the first time In-N-Out has taken legal action to protect its brand. The company has previously filed lawsuits in response to unauthorized use of its trademarks or likeness.
Creators need to be reminded that there are legal risks associated with creating content that features company branding or employees, particularly when done without permission or under false pretenses.