from the bullies-gonna-bully dept
Earlier this summer, we talked about Trader Joe’s joining the list of large companies combatting unionization efforts through the most petty of methods: complaining about those unions over “trademark infringement.” Trader Joe’s isn’t the first company to go down this route of course, as we’ve seen Walmart and Medieval Times have behaved similarly. Nor will it be the last, unless things change such that there are real consequences for pulling this kind of bullshit just to fight a labor union.
Back when we wrote the original post, Trader Joe’s was merely threatening a lawsuit. It ended up filing one and we’ve arrived at the stage where Trader Joe’s United is filing to have the case dismissed. You can read the filing for yourself, embedded below, but it mostly consists of detailing both how the company is largely refusing to negotiate with the union as well as explaining painstakingly how its organization doesn’t offer grocery services and is very clear about who they are on their website, therefore none of this is trademark infringement merely because it uses the Trader Joe’s name and has some branding that is mildly similar to the company’s.
Trader Joe’s United on Monday told a Los Angeles federal court that Trader Joe’s lawsuit should be dismissed because the union’s use of the company’s branding was unlikely to cause consumer confusion.
Union attorney Seth Goldstein said on Tuesday that the lawsuit was “outrageous and ridiculous” and that Trader Joe’s was “spending millions of dollars to try to weaponize the legal process” and bust the union.
“This isn’t going to work, and we’re going to stand strong for our right to unionize,” Goldstein said.
Every thing about the TJU website and the merch it is selling only references Trader Joe’s name and branding to identify who comprises the union membership. In addition, as the motion below details, the two entities do not provide the same goods/services, don’t compete for the same customers, and the site and the merch are quite explicit as to who and what is providing them. This gambit hasn’t worked for companies in the past and I very much doubt it will work here, regardless of whether the court elects to let this one go to trial.
But that isn’t really the point. Trader Joe’s is just trying to make life for the union as difficult as possible.
Trader Joe’s United on Monday denied that its merchandise would cause confusion and said it only used the trademarks to identify its employer. It also said the lawsuit was meant to retaliate against its ongoing unionization campaign and discourage employees from organizing.
Exactly. It shouldn’t work and, based on the posture of the union as it stands today, I doubt it will.
Filed Under: trademark, union, union busting
Companies: trader joe’s
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