Re:Grubhub sued for listing restaurants without permission
by chrisseaton on Thursday October 29, 2020 @11:15AM
(#24931402)
You’re attacking the first sale doctrine here though if you think about it!
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Re:Grubhub sued for listing restaurants without permission
by icebraining on Thursday October 29, 2020 @12:10PM
(#24932018)
First-sale doctrine doesn't allow you to impersonate other companies. Nobody is saying Grubhub can't resell meals, they just have to be clear it's them who are doing the selling.
Re:Grubhub sued for listing restaurants without permission
by vageli on Thursday October 29, 2020 @12:17PM
(#24932097)
> You’re attacking the first sale doctrine here though if you think about it!
I can sell a Mac but can't hold myself out as a representative of Apple.
Re:Grubhub sued for listing restaurants without permission
by tartoran on Thursday October 29, 2020 @11:24AM
(#24931508)
We're talking about cooked food here though, not sure if it applies
Re:Grubhub sued for listing restaurants without permission
by chrisseaton on Thursday October 29, 2020 @11:31AM
(#24931579)
Well I think first sale is IP so I didn’t mean it literally but I don’t get why anyone would be advocating for allowing manufacturers to be able to control what you can do with your property.
When it’s Apple suddenly everyone argues the opposite!
Re:Grubhub sued for listing restaurants without permission
by edmundsauto on Thursday October 29, 2020 @02:24PM
(#24933622)
First off, food is different than technology. There are safety issues that are regulated differently. Can you think of any instances in the prepared food space that support your argument?
Second, I think the impersonation is the biggest issue. At a minimum, that sounds like trademark infringement; at maximum, that sounds fradulent.
IANAL and am just a dog on the internet, so grains of salt the size of Jupiter. But I don't think the comparison to non-prepared food industries are at all relevant.