In-N-Out Sues DoorDash Delivery Service — Again

This is the second complaint the burger chain has filed against the delivery service

Photo Modified: Flickr/Phil Whitehouse/CC 4.0

In the lawsuit, In-N-Out claims that DoorDash was not delivering the food at a temperature that adheres to food safety practices.

California burger chain In-N-Out is suing delivery website DoorDash for trademark infringement and unfair competition.

In April 2014, In-N-Out sued DoorDash for using its logo on the DoorDash website. In-N-Out requested that DoorDash stop delivering In-N-Out and though it removed In-N-Out from the website’s list of delivery options, it started delivering from the burger chain again this July.

In-N-Out filed a new complaint on November 6. “We have asked DoorDash several times to stop using our trademarks and to stop selling our food," Arnie Wensinger, In-N-Out’s general counsel, told CNBC in an email. "Unfortunately, they have continued to prominently use our trademarks and serve our food to customers who believe that we are responsible for their delivery. Prior to filing the lawsuit, we tried contacting them several more times but they never responded to our phone calls or letters."

The complaint also expresses concern about the conditions under which In-N-Out food is handled by the delivery service, claiming that "on information and belief," DoorDash does not adhere to the Food Code, "with regard to compliance with required food safety and handling practices."

This lawsuit comes a few days after New York City restaurateurs expressed frustration because DoorDash was overcharging customers in delivery fees and menu prices.


"DoorDash uses its innovative logistics technology to deliver the very best food and products in neighborhoods across the country,” a DoorDash representative told CNBC. “While we have various relationships with different merchants, we are proud to help people get their favorite food delivered directly to their door."