Apparently, the burger chain gave DoorDash several warnings in the past. The filing details how In-N-Out requested the company to stop delivering its food and using its logo in April, to which it complied. That didn't last, however, since it started offering In-N-Out delivery again in June, even going so far as to use a fake logo. The service reportedly stopped responding to the restaurant's letters after that.
Here's the most pertinent part of the filing:
Defendant's use of Plaintiff's famous trademarks implies that Defendant not only delivers In-N-Out products to its customers, but that the quality and services offered by Defendant is the same as if consumers had made purchases directly from Plaintiff. Upon information and belief, the quality of services offered by Defendant does not at all comport with the standards that consumers expect from Plaintiff's goods and services. 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. While Plaintiff adheres to the Food Code, on information and belief, Defendant does not adhere to such regulations, including with regard to compliance with required food safety and handling practices.
DoorDash is also facing another lawsuit filed in September, not by another food chain, but by some of its drivers. The class action suit demands employee salary and benefits for the delivery personnel, who were compensated as contractors.
[Image credit: Denver Post via Getty Images]