Part of this is that it’s really expensive to litigate that nuance in court because even if you believe you’re correct, a company like GrubHub can continue to do business for
years and years while dragging this out through the courts. Especially because of covid, many cases like this are already backed up and GrubHub could probably be happily continuing to fleece small businesses for over half a decade.
Also, if a judge for whatever reason doesn’t agree with it, say, “if the government wanted trademarks to be enforced in this manner they’d pass a law about it, no deal” (this happens Eg. An argument that made it all the way up to the Supreme Court, taking years and years to do so, is that discriminating against trans people isn’t discriminating on the basis of sex because if legislature intended it that way they’d say it more explicitly in law. Imagine how many trans people were fired for being trans while this thing was going through the courts.) then now you have to pass legislature again.