The owner of a Galway-based Mexican-food restaurant has claimed before the High Court that it has been defamed by the food delivery service Deliveroo.
The claim is made by Gastro Grub Limited, which trades under the brand name 'Tuco's Taqueria' located at Upper Abbeygate Street, Galway since 2015.
It claims that Deliveroo has been engaged in activities including making untrue and defamatory statements on its website and its app, including that the restaurant is "closed' and that it "is not currently accepting orders" and "was busy".
The company claims that it has built up a good following since it opened, and has done takeaways during the Covid-19 pandemic.
In 2016 it had worked with Deliveroo for a few months, but ended the relationship as it thought the commissions sought by the delivery service were not justified.
Gastro said it entered into an exclusive agreement for the delivery of its food with another firm.
References to business
In a statement to the court Gastro director Aonghus O'Flaherty said that he first became aware of postings about his business on Deliveroo's website just over a month ago.
He said he could not understand why there was any reference to his business on the defendant's website.
He said the restaurant should not be listed on Deliveroo's website as Gastro Grub had terminated its relationship with the defendant several years ago.
He said the only explanation for what has happened is that the comments on the site about his restaurant being closed would cause confusion and result in customers being re-directed to competitors that were signed up to Deliveroo.
He said that the comments on the website that the business is not trading has severely damaged his business's reputation, and have resulted in customers going elsewhere.
Automated response
He said he made attempts to have all references to Tuco's Taqueria removed from Deliveroo's website, but the only response he has got was an automated message thanking him for his email.
As a result, Gastro Grub, represented by Mark Harty SC, has asked the court for various orders against the defendant, including an injunction from using its business name and title 'Tuco's Taqueria' and logos or from passing themselves off as a delivery agent for the applicant.
Counsel said his client had tried to resolve the matter but had been stonewalled by the defendant. Counsel added that it also his client's case that their trademark has been breached by its unauthorised use on the Deliveroo website.
Gastro Pub also seeks orders restraining the defendant from using its business name and logo on Deliveroo's website, and that all references to 'Tuco's Taqueria' should be removed from said website.
It further wants the defendant restraining from engaging in any activity that would lead people to believe that Deliveroo is the food delivery service for Gastro Grub, and that it cease making any defamatory comments about the applicant's business.
Permission to serve short notice of the proceedings was granted on an ex-parte basis by Mr Justice Senan Allen on Wednesday afternoon.
The judge adjourned the case to a date in June.
