"Trader Joe's sued TJU in 2023, after sending TJU a cease-and-desist letter, alleging that TJU's use of its mark on goods sold on its website was likely to cause consumer confusion and dilution of the marks. TJU sells products on its website including mugs, buttons, apparel and tote bags bearing a logo that resembles the Trader Joe's mark."
"TJU initially responded to the cease-and-desist letter by arguing that Trader Joe's Lanham Act claims "constituted retaliation against its unionization efforts," noting that the complaint was filed six days after the National Labor Relations Board issued a consolidated complaint against Trader Joe's for unlawful labor practices. Trader Joe's replied with a demand letter noting that it was not objecting to the union's use of the name to identify itself or its cause, but that "Trader Joe's demand is directed solely at [TJU]'s commercial use of Trader Joe's trademarks on merchandise sold to consumers on [TJU]'s commercial website.""
Trader Joe's sued Trader Joe's United (TJU) in 2023 after sending a cease-and-desist letter, alleging that TJU's sale of merchandise bearing a logo resembling Trader Joe's marks was likely to cause consumer confusion and dilution. TJU argued the Lanham Act claims were retaliation for unionization and pointed to an NLRB complaint filed six days earlier. Trader Joe's clarified its objection targeted TJU's commercial use on merchandise, not use of the name to identify the union. The district court applied Sleekcraft likelihood-of-confusion factors and granted TJU's motion to dismiss with prejudice. The Ninth Circuit reversed the dismissals, vacated attorney-fee awards, and remanded for further proceedings.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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