Legal Question in Business Law in Ohio

I would like to start a business delivering "Fast-Food" such as McDonald's, Burger King, etc. I know certain businesses that deliver from local restraunts, so is it illegal to do the same for Fast Food? If it is, is there a special license I can get to do so, or any possible way to get around it?

If I'm buying the food, then delivering it, and the customer pays me for the food I bought, and I charge a delivery fee, is that illegal? I'm not making any money off of the restaurant, only from my delivery fee.

PLEASE HELP!


Asked on 8/11/09, 5:33 am

1 Answer from Attorneys

Bradley Miller Miller Law LLC

First off, I am not sure it is necessarily illegal to deliver food. As you have pointed out, and as I have personally seen examples of, there are companies out there who deliver restaurant food to customers.

If you just go out and start advertising and delivering food, you are likely to get a cease-and-desist letter from the restaurant's lawyers very quickly. The letter will probably be based on the fact you are not affiliated with the restaurants and some people may get confused about this. Even if they do not have a good argument, the chains have enough money to outlast you in a protracted legal battle.

It might be a good idea to bring your idea up to the restaurants first and essentially get their permission to allow you to deliver the food. On the other hand, it is possible that if you meet with them they will say absolutely not and be actively watching to make sure you don't start your business.

I think you probably have a good idea for a new business venture, but you might face an uphill battle from opponents who have much more time and money than you to devote to stopping you.

Good luck with whatever you decide to do. If there is anything else I can help you with, feel free to contact me.

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Answered on 8/11/09, 10:33 am


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