Ninth Circuit Revives Trader Joe’s trademark Lawsuit Against union
SAN FRANCISCO - The Ninth Circuit Court of Appeals has reinstated a trademark lawsuit brought by Trader Joe’s against its employee union,a case critics allege was intended to intimidate union organizers.The court’s decision, issued Monday, reverses a district court’s dismissal of the suit, citing procedural issues despite acknowledging the claims of consumer confusion appeared tenuous.
Trader Joe’s filed the lawsuit last year, alleging the union, Trader Joe’s United (TJU), infringed on its trademark with a logo featuring a raised fist holding a boxcutter, arguing the imagery was too similar to the company’s established branding. The original complaint centered on the visual similarities between the union’s logo - incorporating the name “Trader Joe’s” in a red circle – and the grocery chain’s well-known trademark.A district judge previously questioned the suit’s merit, suggesting it bordered on frivolous.
According to the Ninth Circuit’s ruling, penned by U.S. Circuit Judge Gabriel Sanchez, “Trader Joe’s and TJU’s marks are strikingly similar,” noting the use of capitalized lettering, the same red color, and comparable fonts within concentric circles. The court also stated that “how a reasonable consumer might interpret the image of a raised fist holding a boxcutter is a question of fact that cannot be resolved at the pleading stage.”
The lawsuit has drawn criticism from labor advocates who view it as an attempt to stifle union activity. While the Ninth Circuit’s decision doesn’t determine the case’s outcome, it compels a trial, perhaps prolonging legal battles and drawing further attention to Trader Joe’s labor practices. The full ruling is available here.
Filed Under: 9th circuit, trademark, union
Companies: trader joe’s
