4 ms·

There can be a big difference in time between the people who pickup food and bring it right back to their place and the GH employee who has it sitting in their

by ggoo 6y ago

There can be a big difference in time between the people who pickup food and bring it right back to their place and the GH employee who has it sitting in their car for 30 min before he gets to your place. This can make the experience worse and hence hurt the restaurants reputation.

shadowgovt 6y ago
Perhaps there is a case to be made here around how reasonable person principle should be applied, because the defense can argue that only an idiot blames the company cooking the food when the independently-contracted delivery guy is too slow. If they can hinge a case on whether the reasonable person can tell the difference, there's meat on the bones, but I don't see this case ending with Grubhub's business model being declared illegal (only with clarifications as to how to maintain the reputation protection aspect of trademark against the nominative fair use aspect of trademark).
- ggoo 6y ago
  No lawyer but demonstrating that "only an idiot blames the company cooking the food when the independently-contracted delivery guy is too slow" seems quite challenging, people leave reviews for all kinds of random, unrelated reasons. I would never make a bet on peoples inability to be idiots.
  - luckylion 6y ago
    Especially so when the independently contracted delivery guy impersonates the restaurant. A reasonable person will assume that the website restaurant-xyz.com connects them to the restaurant xyz and if they place an order, they are placing an order with that restaurant, not an independent contractor.
colejohnson66 6y ago
Or when the driver does multiple orders at once. That’s really upsetting. Because I’ll get a notification that the driver is approaching with my order (about a minute away), and then they proceed to drive past my house into a neighborhood 5-10 minutes away, and then come deliver my food 15-20 minutes after it was picked up. If the driver is going to do multiple orders at once, I should be informed of this.

by ggoo 6y ago

shadowgovt 6y ago

Perhaps there is a case to be made here around how reasonable person principle should be applied, because the defense can argue that only an idiot blames the company cooking the food when the independently-contracted delivery guy is too slow. If they can hinge a case on whether the reasonable person can tell the difference, there's meat on the bones, but I don't see this case ending with Grubhub's business model being declared illegal (only with clarifications as to how to maintain the reputation protection aspect of trademark against the nominative fair use aspect of trademark).

ggoo 6y ago
No lawyer but demonstrating that "only an idiot blames the company cooking the food when the independently-contracted delivery guy is too slow" seems quite challenging, people leave reviews for all kinds of random, unrelated reasons. I would never make a bet on peoples inability to be idiots.
- luckylion 6y ago
  Especially so when the independently contracted delivery guy impersonates the restaurant. A reasonable person will assume that the website restaurant-xyz.com connects them to the restaurant xyz and if they place an order, they are placing an order with that restaurant, not an independent contractor.

colejohnson66 6y ago

Or when the driver does multiple orders at once. That’s really upsetting. Because I’ll get a notification that the driver is approaching with my order (about a minute away), and then they proceed to drive past my house into a neighborhood 5-10 minutes away, and then come deliver my food 15-20 minutes after it was picked up. If the driver is going to do multiple orders at once, I should be informed of this.