California Central District Court Tote-ally Tossed Trader Joe’s Lawsuit for Trademark Infringement
Amidst an ongoing labour dispute, American grocery-store chain, Trader Joe’s, reportedly filed a lawsuit against its employee union, Trader Joe’s United, for using its name and logos on tote bags, buttons, t-shirts and other items sold on the Union’s website in connection with its campaigns.
Trader Joe’s claimed the merchandise caused confusion amongst customers, reputational harm, and diluted its family of trademarks.
In dismissing the suit in its entirety, U.S. District Judge Hernan Vera held there was “no likelihood for confusion” given the logos on the Union’s campaign-related products used different fonts, did not include the fruit basket design that is characteristic of the Trader Joe’s logo, and applied parallel rings of differing proportions on products “that no reasonable consumer could confuse as coming from Trader Joe’s itself.”
In fact, the Judge went as far to state that, “it strains credulity to believe that the present lawsuit—which itself comes dangerously close to the line of Rule 11 [being frivolous and improper]—would have been filed absent the ongoing organizing efforts that Trader Joe’s employees have mounted (successfully) in multiple locations across the country.”
The suit was a win in the bag for Trader Joe’s United, which reportedly shared the decision was "a vindicating and joyous occasion" for the Union.
Authors: Kasia Donovan and Ayesha Khanna, 2023/2024 Articling Student-At-Law
Authors
Expertise
Insights
-
Intellectual Property
SeaStar’s Patent Splash: Medical Device Technology Granted Canadian Protection
SeaStar Medical Holding Corporation has reportedly expanded its intellectual property portfolio with the grant of Canadian Patent No. 2,814,586. The patent protects the company’s Selective… -
Intellectual Property
Enveric Biosciences Sells Cannabinoid-Related IP to Focus on Emerging Psychedelic-Inspired Drugs
Enveric Biosciences (“Enveric”) has reportedly now sold one of its portfolios comprised of patents and patent applications for cancer treatment that combines cannabidiol (“CBD”) with additional… -
Intellectual Property
US Patent and Trademark Office Comments on AI-Assisted Inventions
While AI’s rapid development and ever-increasing proliferation have facilitated substantial efficiency gains across a myriad of industries, unanswered legal questions regarding the consequences of its… -
Intellectual Property
OpenAI’s “GPT” Trademark Application Rejected by USPTO
The US Patent and Trademark Office (“USPTO”) has rejected OpenAI’s application to trademark “GPT”, which stands for Generative Pre-trained Transformer, saying the term was “merely… -
Intellectual Property
Art Teacher and School Board Face a Brush with the Law
Upon discovering approximately 3,000 pieces of their children’s artwork for sale online without consent, a group of parents in Quebec have threatened legal action against a junior high school art… -
Intellectual Property
Four New Patents Join EA’s Accessibility Pledge
Electronic Arts (“EA”) continues to break down barriers, adding four more patents to its accessibility Patent Pledge.In 2021, EA introduced a Patent Pledge with the aim of fostering a more accessible…