Brookfield, Illinois eatery Burger Antics, Inc. has filed a proposed class action lawsuit against DoorDash, Inc. in an attempt to stop the online delivery platform from delivering food from its restaurant. Hanging its argument on alleged trademark infringement violations of the Lanham Act and state and federal competition laws, Burger Antics argues DoorDash advertises it delivers food from the plaintiff’s restaurant by displaying Burger Antics’logoon DoorDash.com without authorization to do so.
“Upon information and belief, [the defendant’s] use of [the plaintiff’s] logo is intended to, and has, confused consumers as to [DoorDash’s] authority to deliver [Burger Antics’] food products,” the complaint reads, pointing out consumers are likely to incorrectly believe the two companies are affiliated in some way.
The plaintiff’s claims don’t end with just the use of its logo. The complaint further alleges the quality of the services offered by DoorDash “does not at all comport with the standards that consumers expect” from Burger Antics. What’s more, the case alleges DoorDash’s use of the Burger Antics logo causes problems for customers who Google the plaintiff’s restaurant, where they may see the defendant’s site displayed directly underneath the plaintiff’s.