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I'm not clear on how US courts were allowed to hear a case about events in Canada. Is that a thing?
A court said that since the "harm" (devaluing the trademark) happened in America, the case could move ahead. https://www.nytimes.com/2016/08/28/us/court-infringement-law...
Gotta love capitalism, eh? Just like votes, more money = more protection. This certainly wasn't a trademark issue. Trader vs Pirate. There was no question this store wasn't run by Trader Joes/Aldi North. They were buying in bulk to stock a store where they couldn't normally get the goods. Reselling should be 100% A-OK. Any trademarks go along with the products. And as far as I would guess, the grocer certainly wasn't…
In capitalism, Pirate Joe's could open up right next door to Trader Joe's and charge whatever prices they like for the products purchased next door.
I don't understand with what right trader Joe's can prohibit somebody from reselling their products. If he clearly states where he bought them from, and that he is not affiliated, and doesn't misuse their trademarks (impersonate them), it should be absolutely legal. A side remark, people often say how great the US / north America is for entrepreneurs, compared to (continental) Europe where there is a lot of red tape…
They could, and Levi's jeans did it with Tesco who were selling grey market imports.
Gotta love capitalism, eh? Just like votes, more money = more protection. This certainly wasn't a trademark issue. Trader vs Pirate. There was no question this store wasn't run by Trader Joes/Aldi North. They were buying in bulk to stock a store where they couldn't normally get the goods. Reselling should be 100% A-OK. Any trademarks go along with the products. And as far as I would guess, the grocer certainly wasn't…
Usually it doesn't work to buy products at full retail price and resell them at a higher retail price. I guess the "in Canada" part is how it worked out for him? Trader Joe's probably wants to protect their brand in hopes of a future Canadian expansion.
There's no trademark devaluation. There's no copyright infringement. There's no patent infringement. This is straight up First Sale Doctrine stuff. And even if there was the above 3, SCOUTS ruled those rights are exhausted on sale recently.
This is directly an issue of "More Money = Better Legal Justice". And that should be very worrying.
There's protecting your brand, and then there's whatever the heck it is Trader Joe's did here, which seems senseless and malevolent.
Aldi Nord (owner of TJ) has done such an incredibly poor job of expanding the Trader Joe's brand outside of the USA. For example, all you get in their German stores are some random crappy products with the TJ label. It makes so little sense to go after this tiny company when you're not even competing in Canada. Which they probably should! I'm sure there's demand in cities like Toronto for the actual unique products t…
I can't believe they opened stores in Germany, but never bothered to open one in Vancouver, where there was proven demand for their products.
Earlier quoted context omitted.
A court said that since the "harm" (devaluing the trademark) happened in America, the case could move ahead. https://www.nytimes.com/2016/08/28/us/court-infringement-law...
It seems like after you buy something at point of sale whatever you do with it is fair game. I can buy Coke from Sam's Club or Costco and sell it in my restaurant. How is what Pirate Joe's did any different?
I'm sorry? Trader Joes, in at least 4 locations I've seen in California, does special signs and displays the week before Burning Man to market to Burners. Where is this writer from?
Is Trader Joe's that much better than anything else Canada has to offer?
It's clearly better than much of what America has to offer, given that many consumers in the US choose to shop there.
The main draw to Trader Joe's is that its part of the journey across the line. This week I'll be doing this same old routine -- pick up some packages at the mail place ($2 per package), hit up a few grocery stores for different hot sauces and staples (including condensed milk in a squeeze tube), have lunch in Bellingham, go for a walk around Fairhaven, then return home.
Trader Joe's is part of that journey, much like Target (who had a massive, depressing attempt to break into Canada). Strip away that special-trip aspect, and all you really have is another grocery store with a few exceptional items.