Lucky Boy Hamburgers, Inc. Sues Postmates Over Trademark Infringement and Unfair Competition
Plaintiff Lucky Boy Hamburgers, Inc. (Lucky Boy) sued Postmates Inc. on Wednesday over the third-party courier service’s ostensible refusal to cease its unauthorized use of Lucky Boy’s registered trademark on its online platform. The Central District of California complaint seeks injunctive relief and damages.
According to the filing, family-owned Lucky Boy was founded in 1960 and since then it has used two trademarks in connection with its restaurant services. It explains that Postmates, like its rivals DoorDash, Uber Eats, and GrubHub, enables its customers to order food online that a driver collects from a restaurant and delivers to their door. Postmates purportedly generates its revenue by charging delivery service fees to both the customer and the eating establishment.
The complaint also noted that Postmates “does not comply with Food Code requirements and its drivers do not possess the appropriate licenses and permits required to safely handle food on behalf of consumers.” In addition, public reports have allegedly documented delivery service apps’ poor service, improper food handling, and even accounts of drivers eating customers’ food orders.
