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Default Un-American California Trader Joes sues best customer!

On Monday, August 19, 2013 5:12:41 PM UTC-7, BTR1701 wrote:
In article ,

anim8rFSK wrote:



In article ,


Mason Barge wrote:




On Sun, 18 Aug 2013 16:38:07 -0700, BTR1701 wrote:




I really don't see what Trader Joe's beef is with this. They're


selling merchandise-- lots of it, apparently-- and getting the


money for it, same as if anyone else had bought it. And the guy


who's re-selling it isn't relabeling it or otherwise obscuring


the source, so Joe's also gets some free advertising and free


distribution without having to pay for it.




That was my first thought as well. I am guessing, and it's not


unreasonable if you shop at a TJ''s, that there's a lot of personal


pride in the store brand.




It depends how TJ is set up. If they're franchises, and this guy is


effectively running an illegal unlicensed franchise without paying his


fees, I bet the other franchise holders are livid, and corporate


probably *has* to go after the guy.




But go after him for *what*? Nothing he's doing is illegal.



Once you buy something from a store, it's yours; you can do whatever you

like with it, including resell it. This has been a thorn in the side of

the RIAA/MPAA and their constituent labels and studios for decades.

They'd love to be able to put a stop to people reselling their used CDs

and DVDs but there's not a thing they can do about it. Once a person

buys a DVD from the store, it's their property. It no longer belongs to

the store or the movie studio.



If Trader Joe's wants to stop this guy, it seems like their best course

of action is to go open up a store in his neighborhood-- he's already

done the market research for them and apparently identified a location

where there's a good Joe's customer base-- and undercut his prices. Why

would people pay more at Pirate Joe's when they can walk down the block

and get an authentic experience for less money?




http://www.forbes.com/sites/lydiadis...er-pirate-joe/


"As Alison Grabell with Ezra Brutzkus Gubner LLP in Los Angeles, tells FORBES, “Trader Joe’s is unlikely to prevail because the store is not falsely claiming that it is the maker or source of the Trader Joe’s products, nor is it seeking to deceive customers into thinking that the products emanate from Trader Joe’s when they don’t.” Grabell points out that Pirate Joe’s didn’t divert goods that were otherwise intended for a different market or different channel of trade. “In other words, these products did not ‘fall off the truck,’” she asserts."


"TerMolen suggest that Trader Joe’s has a bigger hurdle than a potential publicity mess. As Trader Joe’s claim in U.S. District Court targets a Canadian citizen operating in Canada, the company must be able to prove that federal trademark and unfair competition claims have some effect on U.S. commerce. “It’s difficult to think of scenarios where Trader Joe’s may have lost business opportunity or suffered monetary harm due to defendant’s conduct,” TerMolen says.

Legal precedent could indicate that it doesn’t. Grabell says trademark rights are territorial and Trader Joe’s must make their in Canada. “In a recent Supreme Court decision in a copyright case involving the re-sale of textbooks purchased by a student abroad for resale in the US, the Court ruled that the resale did not violate the publisher’s copyright. While trademark law and copyright law jurisprudence are different, the store owner may draw the analogy,” she says."
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