A Knoxville, Tennessee Asian restaurant has filed a proposed class action lawsuit in which it alleges mobile delivery platform DoorDash, Inc. used its name, menu and logo without authorization. The plaintiff claims DoorDash’s conduct has intentionally resulted in the misimpression that unaffiliated restaurants endorse the company’s services, when, in fact, they do not.
The suit points out that the plaintiff, a “fast-casual,” locally owned and operated Asian eatery, has its own online take-out and delivery platform, through which a substantial number of customers place pick-up and delivery orders. According to the lawsuit, the plaintiff is in no way affiliated with DoorDash, nor has it authorized the company to “deliver its food products or use its name, logo, menu, or other resources.”
Later, the suit sticks on DoorDash’s 10-percent delivery fee, an amount of money the complaint says exceeds what the plaintiff charges for deliveries.
“These mark-ups incorrectly foster a misimpression about WokChow’s pricing,” the lawsuit argues, “which discourages those who view it from eating at WokChow, both by delivery directly from WokChow and via personal visits to the restaurant for in-person dining or take-out.”