In-N-Out Burger, which operates in California and five other states, has sued delivery startup DoorDash, alleging trademark infringement and "false designation of origin."

The burger chain alleges DoorDash has used a mock In-N-Out logo that has "confused consumers" about its authority to deliver In-N-Out items.

A DoorDash spokesman said the company "uses its innovative logistics technology to deliver the very best food and products in neighborhoods across the country. While we have various relationships with different merchants, we are proud to help people get their favorite food delivered directly to their door."

In-N-Out said in the lawsuit that it has no control over DoorDash's delivery time, "temperature at which the goods are kept during delivery," or food safety practices. In-N-Out, which opened its 300th restaurant in January, said DoorDash didn't respond to its requests to end In-N-Out deliveries.

In September, DoorDash announced a delivery partnership with 7-Eleven Inc. for stores in five metropolitan areas. An agreement with Taco Bell, a unit of Yum Brands Inc., was announced in July and later expanded.

DoorDash raised $40 million in Series B funding earlier this year.

Write to Josh Beckerman at josh.beckerman@wsj.com

 

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(END) Dow Jones Newswires

November 11, 2015 20:15 ET (01:15 GMT)

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