In-N-Out makes NorCal High School football team delete viral photos - USA Today
A small high school football team in Northern California became internet stars for a few days after their media day photo shoot at their local In-N-Out went viral on Instagram.
The now-deleted photos and behind-the-scenes video showed players from the Fighting Zebras at Lincoln High School's football team taking orders and handing orders to each other. The gallery drew the attention of nearly a million people.
"The history of Fighting Zebras and In-N-Out runs deep," reads the caption of the post screenshotted by SFGATE.
However, the excitement was short-lived after a member of In-N-Out’s trademark team emailed the photographer and the Fighting Zebras, asking them to take the photos down, according to SFGATE.
The company said it needed corporate approval before taking photos, and noted that the photographer and the Fighting Zebras did not get permission to conduct a photo shoot at that location.
“In-N-Out Burger takes the protection of its brand, trademarks, and trade dress very seriously,” the email reads, according to SFGATE. “The unauthorized use of our restaurant premises, signage, logos, or any other proprietary elements in your content may constitute a violation of our intellectual property rights.”
It's unsurprising that In-N-Out quickly deployed its trademark team after the photographer and team, as the company has routinely protected its trademark when it believes another company is infringing on its copyright.
The photographer, Glenn Silva, told SFGATE that he didn't mean to infringe on the company's trademark and took the photo in good faith with the manager's permission. He tried to request retroactive approval for the photo shoot, pleading his case to the company.
“What began as a fun photo session for a small-town high school football team unexpectedly became something that thousands of people connected with,” Silva wrote in response to SFGATE.
“For the players and their families, however, it is still fundamentally what it was intended to be — a record of the kids, their teammates and a tradition that is part of their high school years. We would be very grateful if there were a way to preserve that for them while also respecting In-N-Out’s concerns.”
But on Sept. 24, without receiving an answer to their plea, the team and Silva ultimately decided to remove the photos from their accounts.
“Thank you for your prompt response and for confirming that the content has been removed from your social media platforms — we are happy to consider this matter resolved,” reads the email SFGATE reviewed. “We appreciate the positive relationship your organization has with INO, and we hope the Fighting Zebras continue to enjoy many more post-game visits. Thank you again, and best of luck with the rest of the season!”
Noe Padilla is a Northern California Reporter for USA Today. Contact him at npadilla@usatodayco.com, follow him on X @1NoePadilla or on Bluesky @noepadilla.bsky.social. Sign up for the TODAY Californian newsletter or follow us on Facebook at TODAY Californian.
