U.S. News | Southern California Eatery Sues Postmates for Trademark Infringement and Unfair Competition

A walk-up burger restaurant in Pasadena, Lucky Boy Hamburgers, Inc. has filed a lawsuit in the Central District of California against Postmates Inc. for trademark infringement.

The plaintiff alleges that the popular delivery service used the plaintiff’s name without authorization and intentionally posted a menu bearing incorrect information, including lower prices

The plaintiff reportedly said that Lucky Boy Hamburgers is a family-owned corporation that has been operational since 1960 with two locations in Pasadena and has been using its two trademarks in connection with its restaurant services since inception.

According to the lawsuit, Lucky Boy Hamburgers did not go into partnership with Postmates because of its high service fees, non-compliance with Food Code requirements and its drivers do not possess the appropriate licenses and permits required to safely handle food on behalf of consumers.

The plaintiff alleges that the defendant intentionally diverted business away from Lucky Boy Hamburgers as a means to retaliate for the failed business relationship.

The plaintiff reportedly said that when users search for Lucky Boy on the defendant’s mobile app, the eatery sometimes appears as “closed” which is false and causes customers to order from other restaurants.

The plaintiff reportedly said that Postmates’ Lucky Boy menu reportedly bears incorrect information including lower prices, which causes issues for the restaurant with customers who complain about the misalignment.

The plaintiff reportedly said that it has contacted the defendant repeatedly requesting that references to Lucky Boy be removed from its platform, but Postmates has failed to comply.

The plaintiff is accusing the defendant of federal, state, and common law trademark infringement and unfair competition.

The plaintiff is seeking a jury, permanent injunction, and payment for damages.

The case is ongoing.

Lucky Boy Hamburgers, Inc. v. Postmates Inc.