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Comment by 1024core | Hacker News Reader

> Being that we are partners of DoorDash and GrubHub,

Well, then stop partnering with them! If they continue to use your name, issue a C&D order!

> Well, then stop partnering with them!

At the end of the article, they are saying they may do just that. It's also not clear to them that this will stop this particular issue.

> If they continue to use your name, issue a C&D order!

I don't own a restaurant, but I've worked in food service. If I were this guy, I wouldn't want to start a legal battle with a company that's much, much larger than I am.

> If they continue to use your name, issue a C&D order!

Not to mention it's probably in the DoorDash/GrubHub agreement. That's probably how they get away with using that trademark.

> Well, then stop partnering with them!

Say you hate books-a-billion and you want to only sell at mom and pop bookstores. Good for you, but what if that kills 70% of your revenue?

When talking about trying to make a living and pull in enough to stay afloat, these people often don't have the choice. You don't publish your ebook on Amazon Kindle and only on Barnes and Nobles Nook, you cut yourself out of a huge revenue stream.

> Say you hate books-a-billion and you want to only sell at mom and pop bookstores. Good for you, but what if that kills 70% of your revenue?

Then it sounds like books-a-billion is providing a pretty valuable service to you.

Seems like a pretty clear-cut case of using branding that they don't own or have rights to, and that this is false advertising. But yes read the ToS to see if those terms are buried in there somewhere. Maybe the ad has "find food like that at Saddleback..." which would mean it's not technically false advertising if they take you to an aggregate/search page.

Chances are they're using the name within the terms of a license that was granted when this restaurant partnered with them.

In some cases (not sure which companies) they do it w/o the permission of the restaurant and become a very frequent order-er who then hands off to the ultimate app-user. I read about this in the newspaper but could someone elaborate more on which companies do this?

>If they continue to use your name, issue a C&D order

A waste of lawyer fees. Its legal.

Trademark infringement us not legal. Google/Doordash are selling a different product and clearly labeling it as Saddleback.

Don't companies buy google ads for when people search their direct competitors?

Yes, but they are not representing the results as actually being the competitor.

Doordash is selling Saddleback's food.

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