Pete’s Trattoria, a popular Breen Avenue restaurant, has filed a lawsuit in the New York Northern District Court against a national food delivery service, Grubhub for alleged trademark infringement.
The plaintiff alleges that Grubhub added its restaurant to its platform without its permission or authorization in order to increase its revenue and market share.
According to the lawsuit, Grubhub allegedly added 150,000 restaurants to its platform without their knowledge or permission, one of which was Pete’s.
The plaintiff reportedly said that its mark, logos, and name were used on Grubhub’s platform deceiving customers to falsely believe that Grubhub has a relationship with Pete’s” or is affiliated with the plaintiff.
The plaintiff alleges that the defendant doesn’t notify Pete’s when its delivery drivers order or pick up food from the restaurant as they disguise the orders by making them appear to be ordered by normal customers.
The plaintiff reportedly said that Grubhub’s alleged actions have resulted in many poor dining experiences associated with Pete’s, including unprofessional and dangerous conduct by drivers, the delivery of cold food, incorrect orders, orders not being delivered in a timely fashion, requests for substitutions and changes to order after delivery and customer calls and complaints.
The plaintiff reportedly accused the defendant of willful trademark infringement, unfair competition, injury to business reputation, false and deceptive business practices, and violation of the Lanham Act, which is the federal trademark statute that prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising.
The plaintiff is seeking a permanent injunction, payment of any profits Grubhub has garnered as a result of its unlawful and willful acts.
The plaintiff is also seeking that Pete’s be awarded actual damages suffered by reason of Grubhub’s actions, including Grubhub profits gathered from its unlawful affiliation with Pete’s at an increased sum equal to three times the amount.
The case is ongoing.
Pete’s Trattoria Canto III LLC v. Grubhub, Inc.
|Judge:||Lawrence E Kahn|
|Court:||New York Northern District Court|
|Nature of Suit:||Trademark|
|Case Filed:||March 30, 2021|