Legal Sea Foods this week sued DoorDash for offering home delivery of Legal meals even though Legal says it wanted nothing to do with the service - and repeatedly told it to stop doing that.
In a trademark lawsuit filed in US District Court in Boston, the homegrown seafood chain charges DoorDash kept using Legal's logo on its Web site and mobile app, implying Legal approved of its service, even though Legal did not, because the two in fact had no business relationship and DoorDash was putting customers - and Legal's reputation - at risk because of the way it was delivering food:
DoorDash put Legals at risk for claims by customers relating to the quality of its food products. Legals had no control over DoorDash's operations including (a) how its food products are being cared for during the delivery process; (b) how long it takes for DoorDash to make a delivery; (c) whether DoorDash regularly complied with all applicable health and sanitary codes; or (d) if the deliveries were being made via a bicycle.
Plaintiff would and did not authorize Defendant, or any other entity, to deliver its food products to consumers without the necessary food safety procedures in place especially bicycle service.
DoorDash put Legals at risk for customer complaints and claims of food contamination and/or spoliation, and related illnesses, which would have substantially damaged Legals' reputation and standing in the restaurant business, and could result in irreparable damages and financial loss.
In the complaint, Legal says that when customers ordered Legal food through DoorDash's Web site or mobile app, DoorDash employees then called in a pick-up order at the closest Legal restaurant under their own name, picked it up and delivered it - after adding a "service" charge. The employees, Legal charges, were specifically instructed not to mention DoorDash when picking up orders at a Legal restaurant.
Legal said DoorDash kept delivering Legal food for several months after Legal demanded it stop.
Although DoorDash finally gave in and took Legal off its Boston Web and app pages, Legal is asking a judge to permanently enjoin DoorDash from ever again listing Legal as a restaurant option. It is also seeking damages - doubled or trebled - costs and legal fees.