In-N-Out sues startup for delivering its food, using logo without permission

An order is seen during the grand opening Thursday Nov. 20, 2014 of San Antonio's first In-N-Out Burger. An order is seen during the grand opening Thursday Nov. 20, 2014 of San Antonio's first In-N-Out Burger. Photo: William Luther, File Photo Photo: William Luther, File Photo Image 1 of / 43 Caption Close In-N-Out sues startup for delivering its food, using logo without permission 1 / 43 Back to Gallery

In-N-Out Burger is suing food delivery company DoorDash for trademark infringement and unfair competition.

DoorDash's mobile app and website are used to order food from restaurants, such as Umami Burger, Tout Sweet, Rangoon Ruby and The Plant Cafe. The San Francisco-based startup has no affiliation with In-N-Out, but uses an imitation of the burger spot's logo to advertise that it delivers their food, according to the complaint filed in U.S. District Court for the Central California District on Nov. 6.

The startup's actions suggest that In-N-Out has sponsored the services and overseen that delivery meets safety, food handling and temperature standards, according to the complaint. That's not the case.

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"Further, Plaintiff has no control over the time it takes Defendant to deliver Plaintiff's goods to consumers, or over the temperature at which the goods are kept during delivery, nor over the food handling and safety practices of Defendant's delivery drivers," the complaint says.

In-N-Out's logo is registered with the U.S. Patent and Trademark Office. DoorDash's use of the logo "constitutes a false designation of origin, a false or misleading description of fact, and/or false or misleading representation of fact, and has caused and is likely to cause confusion," the complaint says.

In April 2014, the company requested that DoorDash stop using the trademark or delivering its food, according to the complaint. In-N-Out followed up in May 2014. DoorDash CEO and cofounder Tony Xu responded in Oct. 2014, indicating the company had removed references to In-N-Out from its website. That promise was broken, according to the complaint.

On July 10, 2015, In-N-Out sent a letter to DoorDash noting that it was still accepting orders, delivering and advertising the company's food. DoorDash did not respond. Subsequent letters were also met with silence.

The complaint notes In-N-Out's popularity and strong reviews, including appearances in Zagat, Consumer Reports and the Nations' Restaurant News' Consumer Picks report. "Plaintiff has amassed tremendous consumer goodwill over the decades," the complaint says. "It is an iconic brand, and its products and services have acquired renown and a fiercely devoted fan base throughout the country, including in its home state of California."

The company is requesting a jury trial.

DoorDash was founded in 2013 in a Stanford dorm room and now delivers in cities across the U.S., such as New York, Chicago, Denver and Atlanta. The company aims to deliver in less than 45 minutes. Its app is available for iOS and Android.

DoorDash issued a statement to Eater:

"DoorDash uses its innovative logistics technology to deliver the very best food and products in neighborhoods across the country," a spokesperson said in the statement. "While we have various relationships with different merchants, we are proud to help people get their favorite food delivered directly to their door."