In-N-Out Burger wants food delivery startup DoorDash to stop delivering its food – and it has taken the matter to court.
In-N-Out has filed suit against the startup for trademark infringement and “false designation of origin.”
It appears that the meat of In-N-Out’s argument involves both the representation of its logo on the DoorDash site as well as concerns over the quality of the food once it arrives to someone’s door.
From the lawsuit:
Defendant’s use of Plaintiff’s famous trademarks implies that Defendant not only delivers In-N-Out products to its customers, but that the quality and services offered by Defendant is the same as if consumers had made purchases directly from Plaintiff. Upon information and belief, the quality of services offered by Defendant does not at all comport with the standards that consumers expect from Plaintiff’s goods and services. Further, Plaintiff has no control over the time it takes Defendant to deliver Plaintiff’s goods to consumers, or over the temperature at which the goods are kept during delivery, nor over the food handling and safety practices of Defendant’s delivery drivers. While Plaintiff adheres to the Food Code, on information and belief, Defendant does not adhere to such regulations, including with regard to compliance with required food safety and handling practices.
Basically, In-N-Out thinks DoorDash is delivering an inferior product to customers.
— MSN (@MSN) November 12, 2015
DoorDash, in a statement to the Wall Street Journal, says it “uses its innovative logistics technology to deliver the very best food and products in neighborhoods across the country. While we have various relationships with different merchants, we are proud to help people get their favorite food delivered directly to their door.”