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Burger Joint Sues DoorDash: Stop Delivering Our Food!

By William Vogeler, Esq. on January 16, 2018 | Last updated on March 21, 2019

DoorDash, the on-demand food-delivery service, does one thing relatively faster than deliver food: answer lawsuits.

As soon as the company learned it had been sued for advertising certain burgers without permission, it stopped. Burger Antics, a Chicago restaurant, claimed trademark infringement because DoorDash had put its menus and logo on its delivery website.

The burger joint's attorney said it's not over until DoorDash does something about the nine burger orders it wrongly delivered. Really? And how would they like their motions served?

Burger Litigation

If it were In-N-Out complaining, then this case might be worth litigating. Oh wait, that case already settled.

The popular chain also sued DoorDash for "unauthorized deliveries," which the company offered to settle faster than it takes to get a burger at In-N-Out. It was a confidential and "mutually beneficial" settlement and then dismissal entered less than two months after the complaint was filed.

But Burger Antics, a one-shop pony, is pressing its claim over nine hamburger orders -- plus toppings, apparently because the restaurant advertises "exotic toppings." (The "Smoke 'N Bull" sounds really good, by the way.)

Perhaps the cost of filing a complaint was worth the press for the five-year-old restaurant. But as a lawsuit, not so much.

Delivery Damages

The husband-and-wife owners say they learned about the DoorDash infringement from disgruntled customers. Nothing says damages like a cold burger and fries.

But while they are at it, the burger makers want to represent a class of similarly situated businesses. DoorDash serves more than 600 cities in North America, including "4,490 burger joints delivered to your backyard."

"We have a policy to honor merchants' wishes if they choose not to be on the DoorDash platform, and we removed Burger Antics from DoorDash as soon as our leadership became aware of their request," said spokeswoman Jen Rapp.

Meanwhile, Burger Antics customers will have to get their food at the restaurant because it does not deliver.

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