Trader Joe's Sues Pirate Joe's

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zinfamous

No Lifer
Jul 12, 2006
111,860
31,346
146
I think the problem is he has a store and sell the items in public. If he just sells them in private houses, he would not be bother.

<<<<---- has a biz to bring items from US to sell oversea for profit.

I think that's a large part of it. Also, could be "necessary" litigation as a harbinger for plans to bring Trader Joe's into Canada, at which point his store would be very problematic. (...though that would probably just put him out of business)

...and maybe they don't need to be in Canada? if his store is close enough to a Trader Joe's market in the US, perhaps they have grounds to sue?
 

gorobei

Diamond Member
Jan 7, 2007
4,018
1,519
136
there was coverage of the story on local news, the guy says if TJ comes to canada he would be happy to shut down.

clearly this is a nefarious plot to force TJ to open in canuckistan.
 

SunnyD

Belgian Waffler
Jan 2, 2001
32,675
146
106
www.neftastic.com
Look up the terms "trademark dilution" and "brand dilution". Given that Pirate Joe's sell's Trader Joe's goods in a venue very similar to Trader Joe's, with a very similar and potentially confusing name, one could easily reach the conclusion that Pirate Joe's is a legally licensed or direct commercial extension of the Trader Joe's franchise.

Long story short, Trader Joe's must defend their trademark if they want to legally keep it.
 

Fritzo

Lifer
Jan 3, 2001
41,920
2,161
126
Reminds me of this:

7727d698-c5d4-4d51-b287-e15a15373cfa.jpg
 

CZroe

Lifer
Jun 24, 2001
24,195
857
126
Reminds me of this:

7727d698-c5d4-4d51-b287-e15a15373cfa.jpg

There are fake Apple Stores all over the US too. They don't say "Apple Store" on them (or "Apple Stoer") but neither do the actual Apple Stores. They look almost identical and get away with the giant Apple logo because they went through all the trouble to become Apple-certified techs.

I remember when everyone flipped out about Apple Stores in China doing jailbreaks for your iDevices and somehow people didn't realize that they were fake Apple Stores for another year. :rolleyes:
 

sdifox

No Lifer
Sep 30, 2005
100,280
17,903
126
Update on the case. Trader Joe's lost the suit

http://www.cbc.ca/news/canada/briti...fight-with-vancouver-s-pirate-joe-s-1.1912400


A Vancouver businessman who makes a living shopping at Trader Joe's in the U.S. and reselling the goods in Vancouver at his Pirate Joe's store has won a legal fight with the retail giant.
Trader Joe's had taken Pirate Joe's and its owner, Michael Hallatt, to court, alleging trademark infringement and false advertising, and arguing the Vancouver retailer was hurting its brand.
But Judge Marsha Pechman dismissed the case, ruling there was no basis to apply a U.S. law known as the Lanham Act, which confers upon U.S. courts broad jurisdictional powers.

She said all the alleged infringements take place in Canada, and Trader Joe's cannot show economic harm.
Hallatt told CBC News on Friday morning that he felt vindicated by the ruling.
"The Lanham Act, which is this very broad powerful statute that allows corporations to, kind of, you know, beat up on anybody that affects U.S. commerce is very, very strong and powerful and can essentially shut down commerce in another country," said Hallatt.
'It really had to be black and white that we were not affecting U.S. commerce at all.- Pirate Joe's retailer Michael Hallat​
"And so for us to have it dismissed, it really had to be black and white that we were not affecting U.S. commerce at all."
The company had argued that 40 per cent of the customers who pay by credit card at its Bellingham location are non-U.S. residents.
The theory is the vast majority are Canadian, and if they have access to exclusive Trader Joe products in Vancouver, many will stay in Canada.
But the judge dismissed the lawsuit, ruling Trader Joe's failed to prove it competes for customers with Pirate Joe's. Trader Joe's has 10 days to file an appeal.
Trader Joe's has 390 stores in 30 U.S. states, but no presence in Canada.
Michael Hallatt crosses the border, buys thousands of dollars worth of products, and then marks them up for resale at his Kitsilano, B.C., store.
Hallatt said he has been spending around $4,000 to $5,000 a week at Trader Joe's in Bellingham, Wash.
 

KeithTalent

Elite Member | Administrator | No Lifer
Administrator
Nov 30, 2005
50,231
118
116
Oh shit it's in Kitsilano. How am I just learning about this??? I am so going there this weekend.

KT
 

Bacstar

Golden Member
Nov 2, 2006
1,273
30
91
Sounds like a good time for Trader Joe's to work with this guy in opening an official store in Canada.