Case: 1:21-cv-05312 Document #: 40 Filed: 11/24/21 Page 1 of 24 PageID #:1588
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`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`GRUBHUB INC. AND
`TAKEAWAY.COM CENTRAL CORE B.V.,
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`THE KROGER CO., and
`RELISH LABS LLC,
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`Plaintiffs,
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`v.
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`Defendants.
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`Case No.: 1:21-CV-05312
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`JURY TRIAL DEMANDED
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`AMENDED COMPLAINT FOR DECLARATORY JUDGMENT
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`Plaintiffs Grubhub Inc. and Takeaway.com Central Core B.V. (collectively referred to
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`herein as “Grubhub” unless specifically identified by their full names), by their attorneys Quinn
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`Emanuel Urquhart & Sullivan, LLP and Flaster Greenberg. P.C., for their amended complaint
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`against The Kroger Co. and Relish Labs, LLC d/b/a Home Chef (collectively referred to herein as
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`“Home Chef”), allege upon personal knowledge with respect to themselves and their own acts,
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`and upon information and belief as to all other matters, as follows:
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`NATURE OF THE ACTION
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`1.
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`This is an action for a Declaratory Judgment under 28 U.S.C. § 2201. Grubhub
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`seeks a declaration from this Court that its use of branding that combines Grubhub’s long-standing,
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`famous, and well-known GRUBHUB house mark combined with a house/cutlery logo that its new
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`parent company has used consistently for more than seven years throughout the world: (1) does
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`not infringe Home Chef’s alleged trademark rights under 15 U.S.C. § 1114(1)(a); (2) does not
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`constitute unfair competition or false designation of origin under 15 U.S.C. § 1125(a); (3) does not
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`

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`Case: 1:21-cv-05312 Document #: 40 Filed: 11/24/21 Page 2 of 24 PageID #:1589
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`constitute trademark dilution under 15 U.S.C. § 1125(c), and (4) does not constitute unfair
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`competition under state law.
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`2.
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` Grubhub has made repeated attempts to resolve this dispute amicably and without
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`having to resort to litigation, including as recently as on the date of the filing of this Complaint
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`and on the preceding day, but Home Chef has both delayed in responding to Grubhub and shown
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`an ambivalence toward Grubhub’s attempts to discuss the dispute.
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`3.
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`The trademarks at issue are the following:
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`4.
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`There is no likelihood of confusion between the marks, notwithstanding Home
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`Chef’s allegations, demands, and baseless threats of litigation against Grubhub. This is particularly
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`the case because Grubhub always uses its well-known and famous GRUBHUB house mark as part
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`of its logo trademark. The law is very well-established that the use of a well-known and famous
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`house mark like the GRUBHUB trademark precludes any confusion from arising between the
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`respective marks in this matter. In addition, the logos themselves are extremely different.
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`Grubhub’s logo is bright orange, while Home Chef’s logo is green. Grubhub’s logo includes a
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`unique, cartoon-like house with a chimney, rounded-edges, and an overhanging roofline, whereas
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`-2-
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`Home Chef’s logo includes a simple, straight-lined pentagon. In short, there could be no confusion
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`between the two logos.
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`5.
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`Grubhub also seeks a declaration of equitable estoppel prohibiting the enforcement
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`against Grubhub of any alleged trademark rights Home Chef claims it has in any mark
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`incorporating a house logo or logos containing the depiction of a fork and knife, or any other kind
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`of cutlery.
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`6.
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`Finally, Grubhub seeks its attorney fees, expenses, and costs incurred in this action,
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`and any other relief the Court deems just and proper.
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`STATEMENT OF FACTS COMMON TO ALL CAUSES OF ACTION
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`GRUBHUB’S BUSINESS AND BRANDING
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`7. GRUBHUB is among the most well-known brands in the United States. Founded in
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`2004, Grubhub is a leading global online food-ordering and delivery marketplace. With a
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`significant share of the restaurant delivery market in the United States, Grubhub is dedicated to
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`connecting its more than 33 million diners with the food they love from their favorite local
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`restaurants, and elevating food ordering through innovative restaurant technology, easy-to-use
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`platforms and an improved delivery experience. Grubhub features more than 300,000 restaurant
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`partners in over 4,000 U.S. cities. Grubhub provided nearly $9 billion in gross food sales to local
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`takeout restaurants in 2020, processes more than 745,000 daily restaurant orders, serves 33 million
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`active diners, and sent more than $4 billion in total tips to drivers to date.
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`8.
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`In addition to its consumer-facing services, Grubhub provides a range of products
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`and services for restaurants, drivers, and other businesses. In particular, Grubhub provides a suite
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`of tools and services to restaurants aimed at growing their digital presence and increasing their
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`business, including, among many others, the Grubhub for Restaurants restaurant portal and
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`-3-
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`Grubhub Direct. With these products, restaurants are able to obtain additional online exposure,
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`manage and fulfill pickup and delivery orders, receive payment for orders, view order and
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`transaction histories, obtain financial statements and other information, and access customized
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`ordering websites along with loyalty and customer data. Grubhub’s services encompass on-
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`demand order management and dispatching; procurement and development of restaurant-
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`dedicated products to manage promotions, order volume, and menus; onboarding delivery
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`couriers, including background checks; compensating delivery couriers for their work; managing
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`safety of delivery couriers; and providing dedicated customer service support for restaurants,
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`couriers, consumers, and other businesses.
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`9. Among Grubhub’s other brands is its well-known SEAMLESS brand, through which
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`Grubhub offers services that are similar to those provided under the GRUBHUB brand. Formerly
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`an independent company with a focus in the greater New York City area, Seamless merged with
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`Grubhub in 2013.
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`10. Prior to July of 2021, Grubhub Inc. had long used the following logo format and color
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`scheme for its GRUBHUB trademark:
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`11. Likewise, Grubhub had used the following format for its SEAMLESS trademark:
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`-4-
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`12. Through its subsidiary, Grubhub Holdings Inc., Grubhub owns numerous
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`registrations for its GRUBHUB and SEAMLESS trademarks in the U.S. Patent and Trademark
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`Office, and in numerous foreign trademark offices.
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`JET’S BUSINESS AND LONGSTANDING BRANDING
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`13. Similar to Grubhub Inc., Takeaway.com Central Core B.V. (based in Amsterdam,
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`The Netherlands) (“JET”) and its group companies (together, “JET Group”) is a leading global
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`online food ordering and delivery marketplace, connecting consumers and restaurants through its
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`platform in 24 countries. Founded in 2000 and formerly known as Takeaway.com, Takeaway.com
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`merged with United Kingdom-based food ordering and delivery platform Just Eat, in February
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`2020. JET Group provides its services throughout Europe, in Canada, South America, Australia,
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`New Zealand, and Israel.
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`14. Since at least as early as June 2014, and following its filing of a trademark application
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`for the mark in the Benelux Office for Intellectual Property (the combined trademark office of
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`Belgium, The Netherlands, and Luxembourg) on March 10, 2014, JET has used the following JET
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`House Logo in connection with its above-described business, and has displayed the mark
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`prominently on its publicly available websites at www.takeaway.com, at the various country-
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`specific websites through which it conducts business, through its various social media accounts,
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`and with its business names more generally throughout the 24 countries in which it provides its
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`services. The JET House Logo is the following:
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`-5-
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`15. Rather than using the JET House Logo as a stand-alone trademark, JET Group
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`operates under a single-brand identity in each country in which it operates. JET Group’s single-
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`brand identity is defined by JET combining the JET House Logo with a word mark that is relevant
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`and specifically known in the particular country. JET Group’s single-brand identity is efficient
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`because JET is able concentrate its marketing efforts around a single brand. An illustration of how
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`this single-brand identity takes shape across the world is shown below:
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`-6-
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`16. JET owns at least eight International Trademark Registrations with the World
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`Intellectual Property Office (“WIPO”) for the JET House logo alone or for trademarks that include
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`the logo (the first of which was registered on June 11, 2014), as shown above, in addition to owning
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`trademark registrations in the following regions and countries, among many others: the European
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`Community Trademark Office, the Benelux Office for Intellectual Property, the Austrian Patent
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`Office, the German Patent and Trademark Office, the Patent Office of the Republic of Poland, the
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`United Kingdom Intellectual Property Office, and the Swiss Federal Institute of Intellectual
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`Property.
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`17.
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`Immediately prior to its use of the JET House Logo, JET Group had used the
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`following logo since at least as early 2008, which included many of the same features as its current
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`JET House Logo:
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`JET’S ACQUISITION OF GRUBHUB AND SUBSEQUENT LOGO COMBINATION
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`18. On June 15, 2021, JET Group completed its acquisition of Grubhub Inc. and began
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`trading on the NASDAQ under the ticker GRUB. As set forth in a quote from JET’s CEO and
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`founder in a press release concerning the acquisition:
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`I have always believed that the combination of Takeaway.com, Just Eat and Grubhub is a
`winning combination. The new company is the market leader in Europe, Canada and
`Australia, with very strong positions in the most important markets in the United States. It
`is humbling to run such a company after our start in Holland more than twenty years ago.
`We welcome Matt and his team to this great company"
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`-7-
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`Case: 1:21-cv-05312 Document #: 40 Filed: 11/24/21 Page 8 of 24 PageID #:1595
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`19. Following JET Group’s acquisition of Grubhub Inc., as JET Group had done after it
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`combined with United Kingdom-based Just Eat in 2020 – and consistent with its single-brand
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`identity and strategy – Grubhub combined the unique but equally strong brand identities of JET
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`and Grubhub Inc. into a single trademark for use in the United States – in the orange (or “citrus”)
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`color scheme long-associated with JET. In so doing, Grubhub created the following combined logo
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`comprising JET’s longstanding JET House Logo and Grubhub Inc.’s longstanding GRUBHUB
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`and SEAMLESS trademarks, as shown below (with the combined marks referred to hereinafter
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`as the GRUBHUB Lock-up Logo):
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`20. Grubhub also announced, however, that following the combination of Grubhub Inc.
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`and JET, Grubhub would be phasing out its use of any trademarks containing the SEAMLESS
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`trademark as part of a “single brand strategy” for the United States.
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`21. Notably, JET conceived of the JET House Logo now used with the GRUBHUB
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`Lock-up Logo more than seven years ago, and JET had used the similar logo shown above for
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`several years before that. Accordingly, JET’s and Grubhub Inc.’s combination of their brands in
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`the new GRUBHUB Lock-up Logo capitalized on the strong existing recognition of the
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`GRUBHUB trademark in the United States, and the strong recognition of the JET House Logo
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`that JET has used throughout the world since June 2014.
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`-8-
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`22. Also significantly, when Grubhub designed and adopted the GRUBHUB Lock-up
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`Logo, it made no alterations to the JET House Logo aside from combining it with its own
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`GRUBHUB mark, and Grubhub maintained the overall look and feel of the legacy GRUBHUB
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`mark, e.g., font, stylization, and capitalization, aside from changing the color scheme from red to
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`orange.
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`23. Since Grubhub’s conception of the new logo leading up to JET Group’s acquisition
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`of Grubhub Inc. in June 2021 and following the launch of the new logo, Grubhub has invested
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`millions of dollars in the new brand, which has included its development of the GRUBHUB Lock-
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`up Logo and the associated rebranding of its print and electronic materials, and the launch of its
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`new branding. In the time that Grubhub has been using the GRUBHUB Lock-up Logo, Grubhub
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`has publicized extensively the rebranding through the issuance of press releases and through
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`featuring the branding in its outward marketing materials. As a result of these expenditures and its
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`efforts, Grubhub has established enormous goodwill in the new branding and consumers have
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`begun associating the new branding with Grubhub.
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`24.
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`In the two months since Grubhub launched its new branding, Grubhub is not aware
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`of anyone confusing the source or sponsorship of Grubhub’s services with any other business, or
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`believing that Grubhub has licensed any aspect of its GRUBHUB Lock-Up Logo from any other
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`business.
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`25. Moreover, Grubhub is also not aware of any instance where it does not use its well-
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`known, famous, and registered GRUBHUB or SEAMLESS house marks with the JET House
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`Logo to form the GRUBHUB Lock-Up Logo – including with Grubhub’s mobile applications, in
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`which the JET House Logo appears directly above the GRUBHUB and SEAMLESS house
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`marks to form the GRUBHUB Lock-up Logo, as shown below:
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`-9-
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`26. This is not the first time that Grubhub has used a logo containing depictions of
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`cutlery. Like many online platforms and companies in the restaurant business, Grubhub Inc., its
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`related businesses, and predecessors have often used such depictions due to their close association
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`with eating and dining. Shown below are logos that Grubhub Inc. used and registered in the U.S.
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`Patent and Trademark Office in the past (prior to JET’s acquisition of Grubhub Inc.) and the
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`corresponding date when Grubhub or its predecessors began using the respective marks in
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`commerce:
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`First used in March 2015
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`First used in March 2013
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`First used in December 2006
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`First used in February 1997
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`27. All of the foregoing illustrates beyond any question that Grubhub selected its new
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`combined trademark in good faith, with the goal of making the most of its long-established rights
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`in its GRUBHUB trademark and JET’s strong global reputation in its JET House Logo, and also
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`leveraging prior logos that Grubhub had used previously.
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`GRUBHUB’S LAUNCH OF THE GRUBHUB LOCK-UP LOGO
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`28. Grubhub premiered its new branding at a music festival in Chicago on July 29, 2021,
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`which approximately 385,000 people attended. Grubhub launched its broader roll-out of the
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`updated branding in mid-August 2021, when Grubhub updated its mobile application and other
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`digital properties such as its websites at www.grubhub.com and www.seamless.com. As Grubhub
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`announced publicly on July 29, 2021:
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`Last month Grubhub joined with Just Eat Takeaway.com (JET) to become one of the
`world’s largest online food delivery companies. When the deal closed, we shared that
`together we will continue to innovate and break new ground in our industry, as we each
`have separately for the past 20 years. It’s in this spirit that we’re making updates to
`Grubhub’s branding in the coming months.
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`Grubhub’s branding will change from red to orange and incorporate the house icon seen
`across JET’s portfolio, with our font remaining the same. This will align the look and feel
`of Grubhub with JET’s global branding to create consistency and make the most of
`marketing efforts that increasingly cross borders, such as JET’s sponsorship of the UEFA
`European Championship earlier this summer and Grubhub’s recent sponsorship of the
`Concacaf Gold Cup.
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`-11-
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`29. By way of example, following its transition to the GRUBHUB Lock-up Logo,
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`Grubhub’s branding on its mobile application and website appear as follows:
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`-12-
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`HOME CHEF’S ALLEGATIONS OF INFRINGEMENT AND DEMAND THAT
`GRUBHUB CEASE USE OF THE GRUBHUB LOCK-UP LOGO AND HOME CHEF’S
`REBUFF OF ANY MEANINGFUL SETTLEMENT DISCUSSIONS
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`30. Despite not taking any action for nearly two months after Grubhub launched its new
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`branding, Home Chef suddenly came forward with spurious threats of trademark infringement
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`made through its counsel’s correspondence, and Home Chef’s complete unwillingness to have any
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`meaningful discussion about reaching an amicable resolution (as detailed further below).
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`31. Because Home Chef’s accusations are wholly without merit and constitute a threat to
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`Grubhub’s ongoing business, Grubhub seeks a declaration from the Court that the GRUBHUB
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`Lock-up Logo does not infringe or otherwise violate Home Chef’s alleged trademark rights in its
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`own logo.
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`32. As an initial matter, in distinct contrast to Grubhub’s restaurant ordering and delivery
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`platform and Grubhub’s services provided to restaurants, Home Chef describes itself in the
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`following manner at its website and in publicly available materials:
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`Home Chef is a weekly subscription meal kit service. Customers receive orders with all
`the fresh ingredients you need to make restaurant quality recipes, designed by our chefs.
`We save you the time of finding new recipes, meal planning, and portioning. Additionally,
`we offer products in Kroger owned grocery stores across the county.
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`-13-
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`33. As further described at its website, Home Chef customers pick their meals, including
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`selecting recipes each week that fit their preference and dietary restrictions, use customizing
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`features to upgrade, swap, or double up certain ingredients, and then accept delivery of their meals
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`at their homes (through the mail as opposed to delivery persons) for self-preparation. As set forth
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`on Home Chef ’s website, Home Chef meals start at $8.99 per serving, but Home Chef’s
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`“minimum weekly order value is $49.95.”
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`34. Notably, Home Chef does not provide customers with the option to select meals from
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`restaurants or third parties – Home Chef only provides customers with the option of picking meals
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`from Home Chef’s own first-party food selections. Home Chef also does not provide any services
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`to restaurants themselves.
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`35. Like Grubhub, Home Chef almost always uses its HOME CHEF house mark in a
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`prominent manner in its publicly facing materials – whether at its website or within its mobile
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`application, as shown below:
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`36. Notwithstanding Grubhub’s good faith selection and subsequent launch of its new
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`GRUBHUB Lock-up Logo, its consistent use of its GRUBHUB mark in the new branding, and
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`the distinct nature of Grubhub’s business, Home Chef, through its counsel, sent an aggressively
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`postured “cease and desist” letter dated September 7, 2021, to Grubhub’s counsel alleging that
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`Grubhub’s GRUBHUB Lock-up Logo “infringes” Home Chef’s trademark rights in the
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`following logo:
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`(hereinafter the “HOME CHEF Logo”).
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`37.
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`In addition to waiting until nearly six weeks after Grubhub’s public launch of the
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`GRUBHUB Lock-up Logo to send the cease and desist letter and make its demands, Home Chef’s
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`-15-
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`counsel misidentified Grubhub’s trademark as the JET House Logo alone (essentially ignoring
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`Grubhub’s consistent use of the famous GRUBHUB trademark in the GRUBHUB Lock-up Logo
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`in every single instance of use), defined the Grubhub’s mark as the “Infringing Design” throughout
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`the cease and desist letter, accused Grubhub of trademark infringement, and set forth the following
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`demand: “Home Chef must insist that Grubhub immediately cease and permanently refrain from
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`using the Infringing Design, and any confusingly similar marks, in the United States” and asked
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`for written confirmation of Grubhub’s “agreement to comply” by September 22, 2021. See Exhibit
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`A hereto. Notwithstanding its allegations, Home Chef did not reference or allege that any actual
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`confusion has arisen between the marks.
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`38. To try and support Home Chef’s allegations in its demand letter, Home Chef cited to
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`and relied upon the U.S. Patent and Trademark Office’s preliminary and partial refusal of JET’s
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`application to register the JET House Logo in the U.S. Patent and Trademark Office based upon
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`Home Chef’s existing registrations. Notably, however, JET filed the trademark application on July
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`1, 2020 – almost a full year before it acquired Grubhub Inc. and long before Grubhub adopted the
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`single-brand approach for the U.S. market that resulted in Grubhub’s adoption and launch of the
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`GRUBHUB Lock-Up Logo in July 2021. Not surprisingly, because the mark identified in JET’s
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`July 2020 trademark filing did not align with the GRUBHUB Lock-Up Logo or the JET single-
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`brand strategy, JET abandoned the trademark application, without prejudice, in July 2021. Finally,
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`it is worth emphasizing that that the examining attorney at the U.S. Patent and Trademark Office
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`affirmatively did not even refuse registration of the JET House Logo for the vast majority of
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`products and services identified in the trademark application and limited the refusal to a specific
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`range of services identified in the trademark application.
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`-16-
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`39. Following its receipt of Home Chef’s letter of September 7, 2021, counsel for
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`Grubhub contacted counsel for Home Chef by email to invite a telephone discussion about the
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`matter. Counsel for Grubhub and counsel for Home Chef spoke by telephone on Wednesday,
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`September 22, 2021, during which counsel for Grubhub made clear to counsel for Home Chef that
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`Grubhub always used its GRUBHUB house mark as part of the GRUBHUB Lock-up Logo (thus
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`correcting one of the erroneous foundations of the September 7 demand letter) and made
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`suggestions regarding how Grubhub might address Home Chef’s concerns. Counsel for Grubhub
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`concluded the call with an invitation to counsel for Home Chef to speak again early in the
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`following week to explore whether such a resolution was acceptable to Home Chef, or whether
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`some other resolution was possible.
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`40. Rather than having a follow-up call with counsel for Grubhub or accept counsel for
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`Grubhub’s invitation to have any further discussions about a possible amicable resolution of the
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`matter, counsel for Home Chef sent an e-mail to counsel for Grubhub on September 28, 2021,
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`which re-stated the allegations made in the letter of September 7, 2021, and concluded as follows:
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`For these and other reasons, Gruhub’s proposal is not acceptable, and Home Chef must
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` design, and any
`insist that GrubHub cease and refrain from using the
`confusingly similar marks, in the United States. Home Chef is also not interested in
`entering any coexistence agreement.
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`Please send us written confirmation of your client’s agreement to comply by close of
`business on October 6, 2021. If GrubHub cannot discontinue such use immediately,
`please explain any need for a phase-out period.
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`This is without prejudice to the rights of Kroger and Home Chef, which are expressly
`reserved
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`See Exhibit B hereto.
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`-17-
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`41.
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`In a further attempt to resolve the matter amicably and avoid litigation between the
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`parties, Grubhub’s counsel reached out by e-mail to counsel for Home Chef on the afternoon of
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`October 5, 2021, to try and set up a telephone call for October 6, 2021, to discuss the matter. After
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`receiving no response whatsoever from counsel for Home Chef, counsel for Grubhub sent counsel
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`for Home Chef another email on the afternoon of October 6, in which counsel for Grubhub noted
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`the lack of response, or even acknowledgement of the email sent on October 5. Counsel for Home
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`Chef finally did then respond, but counsel for Home Chef stated as follows: “We confirm receipt
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`of your emails. We need to speak with our client, so we were not prepared to have a call this
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`morning, but we will get back to you soon to schedule a time for a call.” See Exhibit C hereto.
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`Given the ambiguity of counsel for Home Chef’s email and the threat hanging over Grubhub’s
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`business as a result of Home Chef’s outstanding demands, Grubhub had no choice but to proceed
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`with this action seeking declaratory relief.
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`HOME CHEF’S ALLEGATIONS OF TRADEMARK INFRINGEMENT ARE
`UNFOUNDED, CONSTITUTE A THREAT TO GRUBHUB’S ONGOING BUSINESS,
`AND AN ACTUAL, PRESENT AND JUSTICIABLE CONTROVERSY HAS ARISEN
`BETWEEN GRUBHUB AND HOME CHEF
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`42. Home Chef has asserted that Grubhub’s use of the GRUBHUB Lock-up Logo
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`infringes Home Chef’s HOME CHEF Logo, has demanded that Grubhub cease use of the
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`GRUBHUB Lock-up Logo, and threatened to bring a lawsuit against Grubhub on this basis.
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`Home Chef has rebuffed any meaningful discussions with Grubhub aimed at trying to resolve the
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`dispute without resorting to litigation.
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`43. Notwithstanding the allegations of Home Chef, there is no possibility of confusion
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`between the respective marks based upon the following, at least: (1) the fame of the distinguishing
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`GRUBHUB house mark that is always used with the JET House Logo to form the new Grubhub
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`branding comprised in the GRUBHUB Lock-up Logo, (2) Home Chef’s own well-established
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`Case: 1:21-cv-05312 Document #: 40 Filed: 11/24/21 Page 19 of 24 PageID #:1606
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`HOME CHEF house mark is almost always used with its different HOME CHEF Logo, (3) the
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`obvious differences between the respective logo components themselves, including the different
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`color schemes (green versus orange), the angular pentagonal shape of Home Chef’s logo compared
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`to Grubhub’s more cartoonish house logo that displays a chimney, rounded edges, and an
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`overhanging roof line, all of which is made most clear in the below comparison of the respective
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`trademarks, (4) the co-existence of numerous other fork and knife and house logos in the field of
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`dining, which undermines any alleged strength or “fame” of Home Chef’s alleged HOME CHEF
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`Logo, (5) the significant and fundamental differences between Grubhub’s restaurant delivery and
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`marketing business and Home Chef’s meal kit business, including that Grubhub is primarily a
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`marketplace and advertising service for restaurants (6) Home Chef’s meal plans cost a minimum
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`of nearly $50, so they are not likely to be purchased on impulse, which decreases the risk of
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`consumer confusion (7) Grubhub’s undeniable good faith in adopting its new branding, and (8)
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`the absence of any instances of actual confusion between Grubhub’s GRUBHUB Lock-up Logo
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`and Home Chef’s HOME CHEF Logo.
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`44. Home Chef’s threat of litigation against Grubhub has left a cloud hanging over
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`Grubhub and its business following the extremely successful and exciting launch of its new
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`branding. Rather than contact Grubhub immediately following the announcement of its new
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`branding on July 29, 2021, Home Chef waited nearly six weeks before sending a demand letter to
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`Grubhub. Grubhub, through its counsel, invited Home Chef to have conversations about a possible
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`amicable resolution of this dispute, but Home Chef has only responded with an ultimatum that
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`Grubhub must cease the use of its new branding and has set a deadline of October 6, 2021, for
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`confirming its agreement to Home Chef’s baseless and unreasonable demands.
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`THE PARTIES
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`Case: 1:21-cv-05312 Document #: 40 Filed: 11/24/21 Page 20 of 24 PageID #:1607
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`45. Plaintiff Grubhub Inc. is a corporation organized and existing under the laws of the
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`State of Delaware and is headquartered in this District at 111 W Washington St, Chicago, IL
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`60602.
`
`46.
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` Plaintiff Takeaway.Com Central Core B.V is a corporation organized and existing
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`under the laws of The Netherlands with a principal place of business at Oosterdoksstraat 80
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`1011DK, Amsterdam, The Netherlands.
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`47. Upon information and belief, The Kroeger Co. is a corporation organized and existing
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`under the laws of the State of Ohio with a principal place of business at 1014 Vine Street,
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`Cincinnati, Ohio 45202-1100.
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`48. Upon information and belief, Relish Labs, LLC d/b/a Home Chef is a Delaware
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`limited liability company having a principal place and is headquartered in this District at 400 N.
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`Michigan Ave., Suite 1400, Chicago Illinois 60611.
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`JURISDICTION AND VENUE
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`49. This Court has original jurisdiction over the subject matter of this action pursuant to
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`15 U.S.C. § 1121 and 28 U.S.C. §§ 1331 and 1331 and the Declaratory Judgment Act, 28 U.S.C.
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`§§ 2201 and 2202. Personal jurisdiction over the Defendants is proper by virtue of their residing
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`in, and transacting and doing business in, this District.
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`50. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) because both Plaintiff
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`Grubhub Inc. and Defendant Relish Labs, LLC d/b/a Home Chef reside and have their respective
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`headquarters in this District and the Defendants regularly conduct business in this District under
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`28 U.S.C. § 1391(c).
`
`COUNT I
`DECLARATION OF NON-INFRINGEMENT UNDER THE LANHAM ACT
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`Case: 1:21-cv-05312 Document #: 40 Filed: 11/24/21 Page 21 of 24 PageID #:1608
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`51.
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`A justiciable and actual controversy exists before this Court with respect to whether
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`Grubhub’s continued use of the GRUBHUB Lock-up Logo infringes any of Defendants’ alleged
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`rights under the Lanham Act, 15 U.S.C. § 1051 et. seq.
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`52.
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`For all the reasons set forth in the preceding paragraphs, Grubhub’s continued use
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`of GRUBHUB Lock-up Logo is not likely to cause confusion as to the source or sponsorship of
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`Grubhub’s restaurant delivery business and Home Chef’s meal kit business.
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`53.
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`Grubhub’s continued use of the GRUBHUB Lock-up Logo does not infringe any
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`rights of Defendant under 15 U.S.C. § 1114(1)(a).
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`54.
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`Grubhub requests a declaration from the Court that its continued use of the
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`GRUBHUB Lock-up Logo does not infringe any of Home Chef’s alleged rights under 15 U.S.C.
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`§ 1114(1)(a).
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`COUNT II
`DECLARATION OF NO FALSE DESIGNATION OF ORIGIN OR
`UNFAIR COMPETITION UNDER THE LANHAM ACT
`
`A justiciable and actual controversy exists before this Court with respect to whether
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`55.
`
`Grubhub’s continued use of the GRUBHUB Lock-up Logo infringes any of Home Chef’s alleged
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`rights under 15 U.S.C. § 1125(a).
`
`56.
`
`For all the reasons set forth in the preceding paragraphs, Grubhub’s continued use
`
`of the GRUBHUB Lock-up Logo is not likely to cause confusion as to source of sponsorship and
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`does not constitute a false designation of origin or unfair competition under 15 U.S.C. § 1125(a).
`
`57.
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`Plaintiff requests a declaration from the Court that its continued use of the
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`GRUBHUB Lock-up Logo does not constitute unfair competition and/or a false designation of
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`origin under 15 U.S.C. § 1125(a).
`
`COUNT III
`DECLARATION OF NO DILUTION UNDER THE LANHAM ACT
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`-21-
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`Case: 1:21-cv-05312 Document #: 40 Filed: 11/24/21 Page 22 of 24 PageID #:1609
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`
`A justiciable and actual controversy exists before this Court with respect to whether
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`58.
`
`Grubhub’s continued use of the GRUBHUB Lock-up Logo constitutes dilution of any of Home
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`Chef’s alleged rights under 15 U.S.C. § 1125(c).
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`59.
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`For all the reasons set forth in the preceding paragraphs, there is nothing to support
`
`a claim that Home Chef’s alleged house logo trademark is a “famous” trademark as defined in 15
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`U.S.C. § 1125(c), and Grubhub’s continued use of the GRUBHUB Lock-up Logo is not likely to
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`dilute the distinctive quality of any alleged trademark of Home Chef or dilute by tarnishment any
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`alleged rights of Home Chef.
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`60.
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`Plaintiff requests a declaration from the Cour