A burger restaurant in suburban Brookfield is seeking to cook up a class action worth at least $5 million against DoorDash, alleging the smartphone-powered online food delivery service violates its trademark rights, and those of many other restaurants, by using logos of restaurants on its app and website without authorization, making it seem as if DoorDash and the restaurants are in business together in some way.
On Jan. 8, Burger Antics Inc., of Brookfield, filed suit in Chicago federal court against DoorDash Inc., of San Francisco, saying DoorDash violated the Lanham Act by using the restaurant’s logo - a crossed fork and spatula with flames rising behind it - in online marketing materials without consent.
Burger Antics said it never had an agreement with DoorDash and worries the use of the logo gives customers the impression it is affiliated with DoorDash’s delivery business.
In its complaint, Burger Antics said Dan and Brenna Velcich opened the restaurant in 2013 and note it “is dedicated to using locally sourced meat and produce and is committed to being a responsible business that cares more about its customers and the planet than it does about the bottom line. To that end, it produces a wide range of hamburgers topped with an array of interesting and unusual toppings. It also features an original burger of the month every month and week.
“In the short time that Burger Antics has been in business, it has created a strong and growing local audience of followers who come for the unique food and unusual atmosphere that features local artists.”
Although the companies are not affiliated, the restaurant said a Google search for Burger Antics also returns the DoorDash website “directly displayed underneath” the link to its menu page “and clicking on the link connects the consumer to place an order through (DoorDash).” The restaurant said the confusion created could lead customers to believe the quality and services DoorDash offers meet Burger Antics’ standards, alleging the third-party fails to do so.
Burger Antics said DoorDash lists incorrect prices for its food, which it did not authorize, and also said it is problematic for DoorDash to present itself as an affiliate despite the restaurant having no control over delivery time, food temperature, food handling and driver safety protocol. The restaurant said it believes DoorDash does not adhere to the Food Handling Regulation Enforcement Act.
The complaint seeks certification of an Illinois class encompassing any restaurant whose name and logo appear on the DoorDash website or mobile app without an agreement to provide delivery services. It noted DoorDash promotes operation in all 50 states and delivery on behalf of more than 54,000 restaurants. Burger Antics said at least six restaurants in Brookfield are similarly situated and suggested the class could include hundreds or thousands of members.
Formal complaints include one count of federal unfair competition and of dilution, violation of the Illinois Deceptive Trade Practices Act and the Illinois Consumer Fraud Act, as well as common law trademark infringement.
In addition to class certification and a jury trial, Burger Antics want the court to force DoorDash to stop using trademarks and logos of all restaurants in the class, to stop unauthorized delivery of food from those restaurants and to award damages and legal fees.
Representing Burger Antics, and putative class attorneys, are the Chicago firms of Thomas F. Burke, P.C., Jeffrey J. Levine, P.C., and the Law Office of Terrence Buehler.