There's also a very large body of trademark specific law which may specifically address this. https://en.m.wikipedia.org/wiki/Passing_off
There's also a very large body of trademark specific law which may specifically address this. https://en.m.wikipedia.org/wiki/Passing_off
But the food isn't being misrepresented! It is the food of the restaurant. Passing off means pretending the product is something it isn't. That isn't what is happening here at all.
You and a few others seem to be under some kind of mistaken understanding that the food is 'fake' or from a fraudulent dark kitchen not actually associated with the restaurant? That's not the case. It's the actual real food from the actual restaurant, resold.
I'm not under a mistaken understanding. I'm explicitly saying that you might not have to misrepresent the food itself: if you insert yourself as an intermediary but claim to be the underlying provider, there's potential for confusion and damage to the goodwill of the underlying provider, and that is what passing off fundamentally protects against.
I don't know if it would fly, but you asked and that's a place a case might be found.
The broader point here: it's one thing to advertise selling someone else's product. It's another to _pretend to be them_.
The service of delivery is what is being passed off.