Media Coverage
Source: The San Francisco Chronicle
Media Coverage
Press Contacts: Erik Cummins, Matt Hyams, Olivia Thomas
02.26.20
The San Francisco Chronicle reported that the implementation of food delivery apps such as Door Dash and Grubhub offering food delivery from restaurants without the restaurant’s knowledge came to the forefront after San Francisco chef Pim Techamuanvivit learned that her Michelin-starred Thai restaurant Kin Khao was listed on the Grubhub site, even though the restaurant doesn’t do delivery or takeout. The issue is far more widespread than Kin Khao: The Chronicle confirmed 19 San Francisco restaurants that Grubhub lists without permission.
Not only does this practice create confusion, it’s misleading for customers and damaging for restaurant reputations, according to some observers. Some restaurant owners wonder whether the practice is even legal and drivers complain of lost pay from rejected orders. Restaurants don’t have any legal sway in stopping delivery drivers from showing up to purchase food—but they can take action when apps mislead consumers, legal experts say.
In 2015, Pillsbury client In-N-Out Burger sued DoorDash, alleging trademark infringement, after the restaurant found out it was listed on the app without permission.
“You can’t use a company’s trademark without permission,” said Robert Wallan, a Pillsbury Litigation partner in Los Angeles, who represented In-N-Out against DoorDash. “You can’t pretend you have a business relationship when you don’t. This situation is not only an annoyance for businesses who don’t want to be on these apps, but it’s a dead bang loser for the delivery companies.”