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Re:A small restaurant owner on Google, DoorDash, and Grubhub by eloff on Friday May 15, 2020 @02:17PM (#23195464)
Is this even legal? Can a competitor use your trademark in their advertisement without permission?

I don't see how this would qualify for fair use exclusions.

I'm not a lawyer, but this is failing a smell test for me.

Re:A small restaurant owner on Google, DoorDash, and Grubhub by pdonis on Friday May 15, 2020 @02:23PM (#23195532)
The article says DoorDash charges restaurants an advertising fee. I would assume that includes a contractual agreement that allows DoorDash to use restaurant trademarks in their advertising.
Re:A small restaurant owner on Google, DoorDash, and Grubhub by skny on Friday May 15, 2020 @05:55PM (#23197957)
Doordash lists every restaurant they deem worthy of delivery in a particular area - the restaurant doesn't have to be part of a contractual agreement with them. They call this OTT (Over the Top) where the courier orders the food like a normal patron and gets the food to the customer.

In this case, it doesn't really sound like the owner of the restaurant was on the Doordash platform. The blog post doesn't seem to clearly indicate that they do. If they are not, I would think that there is an extremely strong legal case for copyright infringement, especially since Doordash is not even working to generate revenue for the restaurant, but redirecting you to a generic bbq restaurants page.

Re:A small restaurant owner on Google, DoorDash, and Grubhub by pdonis on Friday May 15, 2020 @07:04PM (#23198539)
> Doordash lists every restaurant they deem worthy of delivery in a particular area - the restaurant doesn't have to be part of a contractual agreement with them.

Hm. If they're doing that, and using every restaurant's trademarked content in their ads without an agreement in place, I think that would be a problem legally.

> In this case, it doesn't really sound like the owner of the restaurant was on the Doordash platform. The blog post doesn't seem to clearly indicate that they do.

The post explicitly states that there is a contractual agreement:

"Our only recourse is to immediately terminate our contract with GrubHub and DoorDash, which we are considering doing."

Re:A small restaurant owner on Google, DoorDash, and Grubhub by curryst on Monday May 18, 2020 @10:25AM (#23222662)
> Hm. If they're doing that, and using every restaurant's trademarked content in their ads without an agreement in place, I think that would be a problem legally.

I'm not sure about that. How would non-authorized resellers work then? In the most absurd case, sellers on Ebay wouldn't be allowed to say what exactly they're selling. You would have to list something as "a watch" instead of "Casio G-Shock". Same goes for any used car lot, etc.

The primary cause here would be "trademark infringement", which requires "likelihood of confusion" in the marketplace [1]. Doordash isn't particularly causing confusion here. They do, in fact, sell Saddleback BBQ from Saddleback BBQ. The only source of confusion I can think of is that the link doesn't take you directly to Saddleback BBQ, but rather to a generic list of BBQ restaurants (which Saddleback BBQ is on).

[1] https://cyber.harvard.edu/metaschool/fisher/domain/tm.htm#7

Re:A small restaurant owner on Google, DoorDash, and Grubhub by throwaway17_17 on Friday May 15, 2020 @02:41PM (#23195735)
I don’t know how I feel about the ‘moral’ aspect of the practice, but I can be almost certain you are correct.
Re:A small restaurant owner on Google, DoorDash, and Grubhub by pdonis on Friday May 15, 2020 @04:19PM (#23196940)
> I don’t know how I feel about the ‘moral’ aspect of the practice

I'm not happy with it; their behavior is clearly not acting in good faith, even if on paper they have some contractual language that gives them a legal defense if challenged.

Re:A small restaurant owner on Google, DoorDash, and Grubhub by jgurewitz on Friday May 15, 2020 @05:15PM (#23197513)
They can't, but most people don't know how to ask Google to take it down. Google makes the form challenging to find and implement. Without a rep it will also take a while.
Re:A small restaurant owner on Google, DoorDash, and Grubhub by gamegod on Friday May 15, 2020 @02:21PM (#23195513)
I know when I try to use my competitors trademarks in my Google Adwords, Google rejects my ads every time. It's typical Google bullshit that DoorDash gets a free pass here.