I wondered about the name as soon as I saw it. Not only did I see it  bordering on trademark infringement, it doesn't have the sound that a good marketing tool should. It doesn't seem a big deal here, where In-N-Out will never be, and where the marketing department probably resides. In a market where they compete, yes, it's understandable this would be a problem and will be fought. If Smashburger had been more creative they'd have a better name and no lawsuit to spend money fighting.