Trademark infringement and dilution. By pretending to be In N Out they confuse customers into thinking they are buying from In N Out directly.<p>There is a first sale doctrine in Trademark, but it might not (probably?) won&#x27;t apply here. First, courts have found that not all reselling falls under first sale if the products aren&#x27;t exactly the same. Here, by delivering they are serving different food because it gets cold and soggy. They could also argue that In N Out doesn&#x27;t provide delivery service and this place is selling that service using In N Outs trademark.<p>The damage to In N Out is brand devaluation. People might think that In N Out sucks.<p>A clear example is: You can resell macbooks. You can buy them, sell them, even repair them.<p>But you can&#x27;t set up a fake Apple Store that looks like a regular one.<p>Doordash is argue they are doing the former, and In N out will say the latter.