Online food-ordering service Crunchbutton, which delivered Josiah’s spicy chicken sandwiches with cheese for a short period at the end of last semester, is embroiled in a legal dispute with the University that may result in a lawsuit, Xconomy reported earlier this month.
Crunchbutton, which is based in Providence, offers one-click ordering of top food items from local restaurants online or by phone and also operates in Washington, New Haven, Conn., Cambridge, Mass. and Venice Beach, Calif.
Judd Rosenblatt, founder and CEO of Crunchbutton, confirmed that the startup company received a cease and desist letter from Edward von Gerichten, associate counsel at the Office of the Vice President and General Counsel Dec. 6.
The letter accused Crunchbutton of engaging in activities that capitalized on the University’s “name and reputation” and exploiting University “facilities and goods for personal private gain” without permission, according to a letter Rosenblatt gave to The Herald that Keith Fayan, an attorney representing the company, wrote to von Gerichten April 2. The letter also claimed Crunchbutton was presenting itself in a way that made it seem it had a business relationship with the University.
Rosenblatt said that when he launched Crunchbutton in Providence in September, he was encouraged by Brown students he knew to deliver the spicy with. He initially “tried to work with the official channels” to get consent for Crunchbutton’s delivery of the sandwich from Jo’s, he said. When the process stalled, he decided to proceed without official permission.
But Rosenblatt said when he received the cease and desist letter, he immediately took steps to comply with the University’s requests, including halting delivery service from Jo’s and deleting all records of Brown ID numbers attained through orders. The letter also demanded that Crunchbutton end its marketing and promotion on campus, according to Xconomy.
Crunchbutton has not delivered food from Jo’s or any other University establishment since the December cease and desist order, Rosenblatt said. The website still offers a spicy with delivery — but the sandwich now comes from Mirano Grill and Pizza, a local restaurant Rosenblatt said he began working with in February to produce a version of the spicy with.
Rosenblatt wrote to von Gerichten Dec. 12 to inform him of the actions he had taken to comply with the University’s demands, according to Fayan’s letter. He also noted that Crunchbutton did not seek or make profit from its delivery from Jo’s and proposed a meeting for further discussion.
Von Gerichten replied to Rosenblatt the following day suggesting that the latter’s regret was insincere, claiming that a University “product” remained among Crunchbutton’s offerings and again demanding that it be taken down, according to Fayan’s letter.
The continued existence of the spicy with on the website was accompanied by a message that said it would return soon, Rosenblatt wrote. Rosenblatt responded to von Gerichten expressing a desire to work out differences, but he said his overtures were ignored.
Rather than directly contact Crunchbutton, the University has left voicemails for, sent emails to and generally “harassed” the partners of Providence startup accelerator Betaspring, one of Crunchbutton’s investors, Rosenblatt said.
In a March 18 letter to Betaspring, von Gerichten wrote that he was “preparing to file a lawsuit” against Crunchbutton for “knowing, intentional and bad faith failure to comply with a cease and desist order,” according to Fayan’s letter. “Despite … their temporary compliance, Crunchbutton has resumed its infringing practices of accessing Brown’s facilities to procure and then resell its food service items,” von Gerichten wrote.
He asked if Betaspring would accept service — notice of the lawsuit — on Crunchbutton’s behalf or if it had contact information for the company’s principals so he could serve them, according to Fayan’s letter.
“(Von Gerichten) said (he) wanted to serve us … and that (he) couldn’t get in contact with us, which is just blatantly false because (he has) our email address,” Rosenblatt said. “(He’s) sent us communications in the past, and we’ve responded amicably to them.”
The University’s action in the matter qualifies as tortious interference, violating at least two separate tort laws recognized by Rhode Island law, Fayan wrote in the letter.
“I am surprised and disappointed that the University would resort to tactics such as these — actionable conduct to be sure,” he wrote.
Fayan’s letter to von Gerichten also responded to his assertion that a University “product” remained available on Crunchbutton’s site.
“It appears that the ‘product’ you are referring to was actually identified on the Crunchbutton site as a ‘spicy with,’ which, as I understand it, is slang for a spicy chicken patty sandwich,” Fayan wrote. “This name — ‘spicy with’ — is not included on any menu at any University establishment. The U.S. Trademark and Patent database fails to reflect any protectable rights asserted in the generic slang ‘spicy with’ — by the University or anyone else.”
Von Gerichten wrote in an email to The Herald, “We’ve had issues to work out with Crunchbutton about their business practices relating to their promotional activities on campus and offering delivery service of products from Josiah’s without University permission and support.”
“We are pleased that they have ceased those activities, and we will be having discussions with Crunchbutton about any issues that may remain,” he wrote. “We look forward to an amicable resolution.”
Von Gerichten declined to comment on the status of the University’s potential lawsuit against Crunchbutton and the charges that may be brought against the company.
Rosenblatt wrote in an email to The Herald that he has received no indication the University has changed course and decided to pursue “an amicable resolution.”
Spicy with orders are a “decently large amount of business,” he said.
Despite the controversy with the University, Crunchbutton has no intention to discontinue its delivery of spicies with from Mirano, Rosenblatt said, adding that he does not want to disappoint students who enjoy the service.
While the Mirano version tastes better, delivery from Jo’s allowed students to use meal credits instead of cash to buy spicies with, Cliff Weitzman ’16 said.
Delivery from Jo’s allowed students to “make the most out of (their) meal plan,” he said.
Weitzman characterized the University’s response as unreasonable, adding that the University’s reaction seems to be at odds with its usual efforts on behalf of students.
“What Crunchbutton is trying to do is make the lives of students better,” Weitzman said.
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