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Trading under another brands name -- by listing them as an ordering place with an unofficial dark kitchen associated in your app -- seems like the most egregious form of trade mark infringement. Why aren't GrubHub concerned about the legal reprecussions of this?
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> I don't see anything intrinsically wrong with what GrubHub is doing, but I could see them needing to clearly note the relationship. There are lots of personal shopping/delivery services which phone in orders and go pick something up without having a pre-existing relationship with the restaurant. The problem is that Grubhub is not asking permission to list the business on their site and it borders on abusive behavio…
> The problem is that Grubhub is not asking permission But nothing says they have to as far as I know? Do you have to ask permission from an author before you resell a book you own? > because they simply don't to share a hefty cut with Grubhub They don't have to share a cut in this case. The restaurant still gets the full retail price that they set. Grubhub marks up on top of that or takes it as a loss as I understan…
This is business, which has many rules. Its not just 'do whatever you like as long as it makes money'.
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How are you certain that the food you are getting is from the establishment you ordered it from? Why can't I run a shadow kitchen pose as your restaurant and steal your business?
This is a strawman unless I missed where it's being specifically claimed. Obviously posing as the restaurant and serving your own product is fraud.
Trading under another brands name -- by listing them as an ordering place with an unofficial dark kitchen associated in your app -- seems like the most egregious form of trade mark infringement. Why aren't GrubHub concerned about the legal reprecussions of this?
> Why aren't GrubHub concerned about the legal reprecussions of this? Because the company is firmly in Team Blue, and they control the House right now. This is the same organization where the CEO told his employees that if they voted for Trump, they should resign.
What's the "best" ordering app to use these days if I want to prioritize how well they treat restaurants? I've tried looking this up recently to no avail. I know at the end of the day, "call and pick-up directly" is going to be it but occasionally I just don't want to go pick it up.
I don't know if there's a best one. I've been using online ordering since Foodler days, and they seem to all be getting worse. Grubhub almost always sticks to a $5 credit even if the problem with the other is much more than $5. I routinely place an order on Postmates thinking everything's fine, and then they cancel due to not having someone go pick it up. Why list the restaurant at all? Just last week, my Uber Eats o…
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In this analogy, it would be more like you creating an eBay store called "Strand Books", listing the entire Strand Books' catalog, and then when someone purchases a book from you, popping into The Strand to get the book and shipping it to them. Except sometimes they're out of the book, and so the customer never receives it. Or you damage the book between the book store and the post office, and they receive a badly da…
But the customers are ordering the food from Grubhub , no? So why would they be confused that there's a middle-man?
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> That's clearly some kind of fraud or misrepresentation. I don't really understand this point of view. They're saying you'll get food from restaurant X. That's exactly what you do get, at the price you agreed. I can't conceive how that's fraud or misrepresentation?
When you click on a number to call the restaurant and not the restaurant answers it is fraud if the restaurant did not agree on that. Doesn't matter if you end of providing the exact same service. What if I picked up calls going to Apple and all I did was transfer you to the correct person. You are still getting the same service if you called Apple directly but its not legal because Apple did not give me permission t…
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Because the service represents the restaurant as actually participating in the transaction. If the food gets delivered cold or the order gets messed up, the restaurant is likely to get bad Yelp reviews which can actually affect business.
Well, the restaurant is participating, in the sense that they are making food for a customer. They just don't understand who the customer actually is. Secondly, are the customers not ordering the food from Grubhub ? Why would they be confused about a middle-man being present?
In some cases its because GrubHub created a website for the restaurant and they don't make it clear that it's a GrubHub site and not a site operated by the restaurant. If you call the phone number on that site, a GrubHub employee answers as if they are the restaurant.
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> The problem is that Grubhub is not asking permission But nothing says they have to as far as I know? Do you have to ask permission from an author before you resell a book you own? > because they simply don't to share a hefty cut with Grubhub They don't have to share a cut in this case. The restaurant still gets the full retail price that they set. Grubhub marks up on top of that or takes it as a loss as I understan…
Yes they have to ask for permission to present themselves as an agent of the company, which they do when they present their own phone number as the restaurant phone number. So I imagine the lawsuit will have many legs to stand on. This is business, which has many rules. Its not just 'do whatever you like as long as it makes money'.
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But the customers are ordering the food from Grubhub , no? So why would they be confused that there's a middle-man?
Grubhub literally says on their website "Grubhub helps you find and order food from wherever you are. How it works: you type in an address, we tell you the restaurants that deliver to that locale as well as showing you droves of pickup restaurants near you.". Grubhub literally says 'shows you restaurants that deliver to you', imply the restaurant is delivering, not Grubhub. Furthermore it implies if you order, you're…