I live in Pirate Joe's neighbourhood. He's not running a Costco sized operation. It's a tiny little store. I wish I had 50K to fund his defense.
Pirate Joe’s, Maverick Distributor of Trader Joe’s Products, Shuts Down
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Re: Pirate Joe’s, Maverick Distributor of Trader Joe’s Products, Shuts Down
#282Earlier quoted context omitted.
No, no, no. Legal departments are fiduciaries and where the law itself is weird (as in trademark protection where companies are virtually forced to sue potential infringers) it's not their responsibility to reform the legal system. https://www.forbes.com/sites/oliverherzfeld/2013/02/28/failu... motivated entirely by fear/anger of any perceived change Oh don't be such a baby, that's like saying engineering departments…
Just because you can sue, and might win, doesn't mean you should. This was damaging to the Trader Joes brand. If I was Chief Marketing Officer of Trader Joes, I'd be demanding the Chief Legal Officer be fired. Civil courts do not exist outside of the real world. There are consequences to how you use them.
Yes, but failure to defend a trade mark can result in the loss of legal rights thereto, even when it's obvious that the infringement doesn't matter.
Suppose they had shrugged this off and done nothing. Then a year later I, a rival grocer, open 'Trader Moe's' and open up 50 stores using a very similar business model to Trader Joe's. TJ sues, and my defense is that 'Pirate Joe's infringed on their mark and they did nothing, so I assumed they had abandoned their rights.
This is an affirmative defense in trademark law, by statute, specifically 15 U.S.C. § 1127 A good summary is at http://www3.ce9.uscourts.gov/jury-instructions/node/248
Unlike copyright and patents, trademark durations are infinite, but the price for this is that the owner must aggressively defend any possible infringement or risk a competitor claiming abandonment.
If you were the Chief Marketing Officer of Trader Joe's and I was the CEO, I'd fire you for not knowing this.