Several of the factors considered in trademark infringement are the use of the mark in commerce, that use being connected to the sale (including distribution or

Several of the factors considered in trademark infringement are the use of the mark in commerce, that use being connected to the sale (including distribution or advertising) of the marked product, and naturally, likelihood of consumer confusion. A pro-restaurant argument might be that these alternative websites are interfering with new and extant restaurant-customer relationships, falsely implying a restaurant-delivery co. affiliation, and that the use by the delivery co. of the restaurant trademarks exceeds nominative use. The restaurants might also argue that the distribution of food, how and under what conditions, is part of their product: a delivery company taking too long to deliver an order could harm the quality of their product.