“If they are using the bakery or restaurant’s names without their permission and they’re implying a relationship between them, that would seem to be confusing to consumers,” Tindall said. In an emailed statement, a Popcorn spokesperson acknowledged the company has been purchasing through retail from businesses it doesn’t have formal partnerships with “to test customer appetite.” The company said it is “offering these products as limited time specials to spark excitement in Popcorn and these great homegrown products!”īut that may also be a violation of federal trademark law, which prohibits companies from using another business’ name or logo if it causes customer confusion, said Steven Tindall of Gibbs Law Group in Oakland, an attorney representing restaurants in a class-action lawsuit against Grubhub. The Fair Food Delivery Act is only enforceable through private legal action. A 2020 state law requires delivery companies to have an agreement in place with a food business before they can deliver their products to customers. But for those who found their products being sold without their permission, the tactic was both shocking and upsetting, and had some criticizing the potentially predatory nature of the fast-growing world of food-delivery startups. Several local businesses do work with Popcorn directly and said they have had positive experiences so far, including Reem’s and Pizzeria Delfina in San Francisco and Acme Bread Co. Someone either gets a stale loaf of bread or it looks like we weren’t able to fulfill the order,” Michael said. “It’s more damaging to us than anything else. In some cases, bakery owners were unaware their pastries were being sold through Popcorn until The Chronicle contacted them. Most of these listings were taken down after The Chronicle began reporting this story.
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