Lucky Boy Settles Lawsuit Against Postmates

On Wednesday, the southern California eatery Lucky Boy voluntarily dismissed a lawsuit it filed against Postmates Inc., alleging that the food delivery service committed copyright infringement and engaged in unfair business practices. The filing signified the end of the litigation between Lucky Boy and Postmates.

The lawsuit was originally filed by Lucky Boy in late February. The restaurant’s Central District of California complaint explained that Postmates improperly used Lucky Boy’s registered trademark on its online platform. For example, a Google search for “postmates lucky boy,” would yield results stating, “Lucky Boy Delivery – Order Online – Pasadena… Postmates.”

Additionally, Lucky Boy accused Postmates of penalizing it for not wanting to conduct business with the third-party courier service. Postmates’ website, the complaint averred, would sometimes mistakenly list the restaurant as “closed,” thereby diverting potential business from Lucky Boy to a competitor.

The restaurant’s amended complaint beefed up allegations about Postmates’ behavior, as previously reported by Law Street. Specifically, it stated that Postmates failed to comply with its request for Lucky Boy’s mentions and trademarks to be removed and that Postmates was likely to continue its trademark infringement and unfair practices unless enjoined.

This week’s two-page notice of dismissal did not specify the terms of the settlement reached. Lucky Boy is represented by Cislo & Thomas LLP. Postmates’ counsel did not appear before the Los Angeles, California court.

Relatedly, a class action complaint filed against DoorDash last September made similar allegations against the delivery service on behalf of aggrieved restaurants. After the defendant’s motion to dismiss was denied earlier this year, the parties are currently engaging in mediation which is scheduled to conclude by June 24.