In-N-Out Files Lawsuit Against Food Delivery Startup DoorDash
41–50 of 79 posts
Re: In-N-Out Files Lawsuit Against Food Delivery Startup DoorDash
#42Earlier quoted context omitted.
I understand why In-N-Out might be upset, but I don't understand how they could possibly have any legal standing.
Trademark infringement and dilution. By pretending to be In N Out they confuse customers into thinking they are buying from In N Out directly. There is a first sale doctrine in Trademark, but it might not (probably?) won't apply here. First, courts have found that not all reselling falls under first sale if the products aren't exactly the same. Here, by delivering they are serving different food because it gets cold…
Re: In-N-Out Files Lawsuit Against Food Delivery Startup DoorDash
#43Trademark stuff, ok, it makes sense they can't use their logos and such. But the whole quality control, food handling, meh. Soon as it's paid for and in the customer's hands, it's the customer's business what happens to it next, not In-N-Outs, it's not theirs anymore.
Not necessarily.. if people start to get sick, who has the liability. Jack in the Box had bad food practices and it killed a bunch of people. Same idea here.
Re: In-N-Out Files Lawsuit Against Food Delivery Startup DoorDash
#44Earlier quoted context omitted.
Trademark infringement and dilution. By pretending to be In N Out they confuse customers into thinking they are buying from In N Out directly. There is a first sale doctrine in Trademark, but it might not (probably?) won't apply here. First, courts have found that not all reselling falls under first sale if the products aren't exactly the same. Here, by delivering they are serving different food because it gets cold…
Apple store is an interesting example. If you put up a giant flyer "Macbooks sold here!" but stripped them for parts, replacing the RAM and SSD with slower, cheaper versions, you might expect angry letters from Apple too.
Re: In-N-Out Files Lawsuit Against Food Delivery Startup DoorDash
#45FWIW, Eater published an article 5 days ago that discussed examples of New York eateries who are either OK or annoyed with being listed without permission http://ny.eater.com/2015/11/6/9678206/door-dash-delivery-nyc > But not all restaurants on DoorDash know that they're listed. Tommy Ferrick, owner of Delilah's Steaks in Greenpoint, says he rejected an offer from a DoorDash salesperson months ago due to a 20 to 25 p…
Re: In-N-Out Files Lawsuit Against Food Delivery Startup DoorDash
#46Trademark stuff, ok, it makes sense they can't use their logos and such. But the whole quality control, food handling, meh. Soon as it's paid for and in the customer's hands, it's the customer's business what happens to it next, not In-N-Outs, it's not theirs anymore.
Since DoorDash is handing the food over to the customer, after a delay that will likely exceed 20 minutes, I can see In-N-Out's point here.
Re: In-N-Out Files Lawsuit Against Food Delivery Startup DoorDash
#47Re: In-N-Out Files Lawsuit Against Food Delivery Startup DoorDash
#48Earlier quoted context omitted.
I'm going to go down the off-topic path with you as I would agree with you. On my last trip out to SF I tried them and I was really underwhelmed. As far as fast food burgers and fries went I enjoyed Carl's Jr. far more. The fries at In-N-Out is an interesting paradox. Without sauce they taste almost like nothing; the blandest fast food fries I've ever eaten. With sauce? It's okay. A bit too soggy for my liking but ok…
INO competes at the $2-$3 burger level, and they are excellent for the price, assuming you like their sauce (which can be skipped). You can't fairly compare them with CJ's $6 burgers, or the $10 restaurant equivalent. Their fries are made fresh on site, but they do tend to need salt.
That's fine; I mostly meant out of the fast food places you're supposed to go to in CA I preferred them. As far as INO's fries are concerned I have yet to find a fast food fry that I thought was worse than INO's :)
Re: In-N-Out Files Lawsuit Against Food Delivery Startup DoorDash
#49When someone represents themselves as an agent of another merchant but don't have a relationship with that merchant you're literally just buying something from the back of a van. In-n-out gets exposed to liabilities and bad pr. No brainer. Funny enough by suing DoorDash actually gets bad PR which to them is still good PR. A lot more people will know about DoorDash than before. Pretty naughty to agree to stop then ren…
The Postmates and Uber marketing materials look like they were written with lawyers involved. They make the companies sound like third party middlemen. The DoorDash one is less slick. "People can purchase goods from local merchants" sounds like the merchants are on board, which In-n-Out clearly is not.
I'm curious as to how does one do the dance of saying you coordinate logistics but are not a logistics service provider when the people showing up are wearing your logo, paid by you, and use your app for order information, confirmation, and directions.
Re: In-N-Out Files Lawsuit Against Food Delivery Startup DoorDash
#50I don't know how DoorDash could make In-N-Out food worse. Seriously their food is not good. I see the trademark angle but the quality? Please they should start with making something worth while.