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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 6:08:51 PM UTC-7, FirstPost wrote:
On Mon, 19 Aug 2013 16:23:35 -0700, anim8rFSK wrote: In article , Mason Barge wrote: On Sun, 18 Aug 2013 16:38:07 -0700, BTR1701 wrote: In article , Mason Barge wrote: On Sun, 18 Aug 2013 14:10:55 -0700, BTR1701 wrote: In article remailer.net, "Pelosi Inside Trading Co." wrote: He’s pirating their goods, and they’re trying to make him walk the plank. A Canadian entrepreneur is in hot water for buying massive amounts of Trader Joe's products in Washington state, crossing the border, and selling the booty at a slight profit. Mike Hallatt — who calls his vagabond Vancouver store "Pirate Joe's" — claims he's done nothing wrong, and is helping bring Trader Joe's to the Commonwealth. "I'm their best customer," he told the San Francisco Chronicle, adding that he's purchased more than $350,000 worth of Joe-O's, mango salsa, and other goodies. But Trader Joe's is suing the 53-year-old Canadian plunderer, saying Hallatt has harmed their business and infringed on their copyright, and is trying to shutter his Vancouver storefront. How the hell has he infringed on copyright? He hasn't made *any* copies of anything at all. He purchased physical goods from them (which then become *his* property) and then resold them. As for the "Pirate Joe's" store name, that *might* give rise to a very weak trademark claim, but that's not copyright, either. Seems like more and more these days, anyone who doesn't like what someone else is saying or doing just reflexively yells "Copyright!" whether it applies or not. It's yer genius journalists at work. I'd say the trademark case is pretty good, especially since he's selling Trader Joe products. Not if he makes it clear that he's not affiliated with Trader Joe's. Trademark only protects against consumer confusion. It doesn't give the mark owner exclusive use of the mark in every conceivable circumstance. Well, his sign copies the Trader Joe's color and font: http://vancouvermom.ca/wp-content/up...s1-280x250.jpg I say it goes to the jury, and I think the plaintiff has a shot. This isn't "every conceivable circumstance" - the guy has set up a Trader Joe's clone selling Trader Joe's merchandise. If the guy set up his store in such a way that he made it clear what he was doing (re-selling purchased merchandise) and that he is no way affiliated with Trader Joe's, then there's no reasonable consumer confusion and no trademark violation. If . . . 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. The problem corporate likely has is the fact that the guy named his store "Pirate Joe's". If he had named it anything other than that calling it "Pirate *anything besides Joe's*" then there probably wouldn't be any fuss. There are many companies that do the same thing and never have any trouble. Stone Oil here in Memphis operates a supply house for the Mississippi River. When a tugboat calls in and tells them they want to buy a new TV they go straight to Bestbuy or Wal-Mart or wherever, pay full retail and then mark it up 50% (double the price). Such companies have been operating that way for decades. I see no problem in him call his store Pirate Joe's or Irate Joe's. |
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