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Metalworking (rec.crafts.metalworking) Discuss various aspects of working with metal, such as machining, welding, metal joining, screwing, casting, hardening/tempering, blacksmithing/forging, spinning and hammer work, sheet metal work. |
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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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