Influencer made lewd videos while pretending to be In-N-Out worker, CA lawsuit says

Miami Herald

6 days ago

A social media influencer is being sued after he was accused of posting lewd and derogatory videos dressed as an employee of a popular restaurant chain.
The federal lawsuit was filed by In-N-Out Burgers on June 20 in the Central District of California against Bryan Arnett.
McClatchy News reached out to Arnett for comment June 24 but did not immediately hear back.
Arnett is accused of impersonating an In-N-Out employee and posting videos to his social media accounts.
In April, Arnett went to multiple In-N-Out locations in California, dressed as a worker with a fake uniform and recorded himself interacting with customers, according to a civil complaint.
'He made lewd, derogatory, and profane remarks, such as stating that In-N-Out had cockroaches and condoms in its food, and that In-N-Out associates put their feet in lettuce served to customers; offering food products 'doggy style'; and asking a potential customer whether the customer would sleep with his wife and allow Arnett to watch,' the lawsuit said.
The lawsuit said Arnett went to the locations on Easter Sunday while the restaurants were closed, pretended to be a drive-thru associate and took customers' orders as a prank, filming them without their consent.
He then posted the videos to his social media accounts and told viewers the restaurants were unsanitary and the business was 'not a welcoming or family-friendly establishment,' according to the complaint.
'In doing so, (Arnett) ensured that his remarks—from the purely defamatory to the lewd, unsettling and bizarre—did not come across as mere jokes by some unaffiliated prankster but instead reflected directly and negatively on In-N-Out,' the complaint said.
In one video, Arnett told a customer, 'I like watching my wife sleep with other men. Is that something you would be interested in?' the lawsuit said.
He told another customer the restaurant was 'only serving gay people' that day, according to the complaint.
Arnett has 334,000 subscribers on YouTube, 276,000 followers on Instagram and 170,000 followers on Tik Tok with nearly 10 million likes. The lawsuit said Arnett 'benefits from posting videos on social media.' According to TikTok's Creator Rewards Program, eligible content creators are able to make money from posting videos.
The restaurant is suing for federal trademark infringement, false designation of origin and disparagement, common law trademark infringement and unfair competition, business defamation and common law trespass. Several of the counts stem from Arnett wearing a fake In-N-Out uniform with the restaurant's logos and colors, the lawsuit said.
The lawsuit is seeking an undetermined amount in damages.