251–260 of 283 posts
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I love capitalism
When is the wedding
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Well, if the guy with a wig proved he could grow a business selling my products in my target market, and is connected to a large base of potential customers, no I should totally not pick the random guy. Good luck finding someone more motivated.
Trader Joe's own staff are already highly motivated because they're paid really really well. The reason they don't set up in Canada is not lack of motivation, but that as a chain they'll have to get all sorts of products certified as suitable for sale. Most countries have strict rules about the import and sale of fresh produce or meat. Trader Joe's doesn't want to open a store that doesn't carry a full line of produc…
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>Trademark would only be a problem here if what Pirate Joes was selling was counterfeit Trader Joe's goods. That is wrong, according to the case law. Facts here are very different bc TJ product is backed by the TJ guarantee; therefore, although identical TJ product when PJ sells it, it is "materially different" because PJ doesn't back the TJ product. That material change is a trademark violation, especially where PJ…
Seems quite a stretch to include the store's return policy in the identity of the "product".
Here is a decent article [1]published by the American Bar Association regarding the resale of "genuine" goods (not counterfeit) by unauthorized retailers. Skip to the "warranty policy and unauthorized dealer page" section, then "going to court".
Note the exceptions to first sale doctrine include "material changes" to the trademark good, including non physical changes, then does a decent job of listing those changes recorgnized by the courts.
[1] https://www.americanbar.org/publications/blt/2014/07/01_payn...
Edit: from article regarding non-physical changes to trademark product, "Perhaps most commonly, differences in warranty protection coverage between authorized and unauthorized sales often lead to trademark infringement"
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Lets be serious here. This is a standard "I'm wrong, but I have more money so Ill exhaust your resources to get what I want." 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 Leg…
^This. This kind of shit along with the archaic copyright system we have (though thats slowly improving) I think is one of the biggest reasons the American economy is so sluggish right now. Easiest way to fix this I think is to make it so that the plaintiff in these kinds of suits has to show real, actual damage: not to branding, not to "theoretical sales", not to "possible expansion", but actual and documented ill e…
In their defense, they saw what happened to the music industry and freaked out. But still, Mickey Mouse and tons of other old things should be in the public domain by now but aren't thanks to lobbying and big money.
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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.
> 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? This is the most tried-and-true, reliable method of becoming rich in history. You buy something at full retail price, move it, and resell it at a higher full retail price.
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Because he ran out of money. Justice wasn't found, they just bullied him with lawyers.
Regardless, it's wrong to say, as the grandparent poster did, that the courts agreed with Pirate Joes. Also, saying that TJs "bullied" him assumes that he was not in fact trading on the TJs brand. Look at his store sign: http://www.cknw.com/2017/06/08/pirate-joes-in-vancouver-clos... . Even the font he uses is very similar. He wasn't just reselling TJs products. He was capitalizing on the TJs brand to resell products…
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Regardless, it's wrong to say, as the grandparent poster did, that the courts agreed with Pirate Joes. Also, saying that TJs "bullied" him assumes that he was not in fact trading on the TJs brand. Look at his store sign: http://www.cknw.com/2017/06/08/pirate-joes-in-vancouver-clos... . Even the font he uses is very similar. He wasn't just reselling TJs products. He was capitalizing on the TJs brand to resell products…
I don't see any resemblance between the fonts.
The colors are similar.
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…
A lot of people are using the "I bought chips at Costco and resold them at a concession stand example". This is at least a little different. Say you owned Captainmuon Grocery and only sold private label Captainmuon Chips. Although demand is so high you could distribute your Chips to other groceries and retailers, you see greater value in driving traffic to your store through the exclusive distribution. Don't you have…
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I buy something from Pirate Joes that is tainted or recalled and get really sick or die. Who do you sue? I can see Trader Joes thinking about that scenario.
Pfft we don't sue at the drop of a hat here in Canada. There's been several recent recalls of flour over the last few months and other foods tainted but you don't see people suing. The government cracks down but people here can't be bothered to be so petty. I mean sure it happens if it's really serious but for small stuff people would just think you're a dick.