Weekly IP Buzz for the Week Ending March 13, 2020
In this week's post, new trademark disagreements have arisen from the alleged unauthorized use of trademarks by well-known third-party delivery services. With increasingly convenient delivery services now becoming the norm, new questions are raised about how trademarks may be used in conjunction with these services.
Also, top Intellectual Property traps to avoid in contracts.
Restaurants Battle Food Delivery Service Companies for Unauthorized Use of Trademarks
As technology continues to improve and innovate, the general public has now seen the rise of third-party mobile applications that allow for the delivery of meals to consumers’ doors even if that restaurant does not traditionally offer food delivery services. Using their own delivery drivers, companies such as DoorDash, Grubhub, and Uber Eats have become the delivery middleman between consumers and restaurants.
At first blush, these services appear to benefit both restaurants and consumers. Consumers now get to enjoy a wider variety of food options while staying at home, and restaurants benefit from having access to a wider variety of customers without having to employ their own drivers. Yet a recent lawsuit filed by a New Hampshire restaurant conglomerate raises new issues about the interaction between these companies and restaurants.
Great NH Restaurants, a restaurant conglomerate that owns a variety of New Hampshire chains, filed a recent lawsuit against food delivery services companies DoorDash and Grubhub. Alleging unauthorized use of their logos and menus, Great NH Restaurants is seeking a permanent injunction in addition to damages that would include profits that DoorDash and Grubhub made off of their restaurants.
Read the full article here.
Top Intellectual Property (IP) Traps to Avoid in Contracts
Each Intellectual Property (IP) traps can occur in contracts even when a contract does not specifically deal with the technology sector or the exchange of IP. For example, most employment agreements at least make mention of IP and may commit the employer as well as the employee to take certain actions, such as not disclosing confidential information. Accordingly, it is important to be aware of these potential IP traps to be better prepared whether preparing, negotiating, or reviewing a contract.
Find the full article here.
Click to read the previous Weekly IP Buzz on Thriving Attorney.
For more posts, see our Intellectual Property Law Blog.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.