In-N-Out Burger sues Palo Alto startup DoorDash

SAN JOSE, Calif. (KGO) -- The In-N-Out Burger chain is suing a Bay Area food delivery start-up over trademark violations and quality control. They were not happy to find out their food was being sold through an app.

In-N-Out says Palo Alto-based DoorDash, the on-demand food delivery start-up, used its food and trademarks without permission, implying a partnership that doesn't exist.

San Jose resident Jessica Munday says, "It just seems disrespectful of DoorDash to do that. I always assumed that they were given permission, they were given the green light, but if they weren't, then it seems like, 'Oh, they're going behind big companies' backs.'"

Regarding DoorDash, In-N-Out's general counsel told ABC7 News, "They have continued to use our trademarks and serve our food to customers who believe that we are responsible for their delivery. Prior to filing the lawsuit, we tried contacting them several more times, but they never responded to our phone calls or letters."

The lawsuit comes after DoorDash announced a major delivery agreement with KFC.

Hazel Fong from Kentucky Fried Chicken says, "With the shortage of cars and parking spaces, it's a great asset for people that can't here. It gives us a chance to get our product into their mouth."

Food quality and safety is among In-N-Out's concerns.

On Thursday, we ordered from another burger chain through DoorDash and let San Jose resident Aurora Dolan check out the quality. She said, "The bread's not soggy, so that's good, and it's juicy inside at the same time."

Dolan says she was surprised to hear about the lawsuit. "We're in the Silicon Valley, and it's all about disruption. You kind of go for it here, and ask for forgiveness later, so it's not much different from that."

Others say In-N-Out has a right to be upset.

San Jose resident Sara Gerston said, "If you're going to have your food delivered, you want it to be to your consumer in the best quality, and sometimes delivery just doesn't offer that."