POLITICAL: Trademark versus First Sale

Tuesday, August 20, 2013

[TIP ‘o’ the HAT to: Lo, Gerry (MC1979)]

http://www.sfgate.com/news/article/Trader-Joe-s-drags-a-pirate-to-court-4736782.php

Trader Joe’s drags a pirate to court
Patricia Yollin
Updated 11:04 am, Friday, August 16, 2013

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Vancouver, British Columbia — Michael Hallatt has spent more than $350,000 at Trader Joe’s in less than two years. But the popular grocery chain doesn’t ever want to see him again.

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“I don’t think Trader Joe’s really has a chance, suing here in the U.S.,” said lawyer Greg Owen, a trademark, copyright and unfair competition expert with Owen, Wickersham & Erickson, an intellectual property firm in San Francisco.

If Trader Joe’s had sued in Canada, or if Pirate Joe’s were operating in the United States, the claim might be more viable, said Owen, who reviewed the lawsuit and motion to dismiss. He added, however, that the first-sale doctrine, which Hallatt is fond of citing and which lets people resell what they’ve bought, is more nebulous when perishable items are involved.

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Interesting. Maybe Trader Joes will go to “licensing” their products. Like all the software companies want to do!

I had thought they’d hire the guy to be in charge of their Canadian roll out.

I, personally, don’t like Trader Joes. It’s like a yuppie 7-11 with prices to match.

Here’s is another reason to ignore them.

“This is the part of the show where I dispense a little of what I call rough justice!” … attributed to Judge Marilyn Milian, but may have an earlier history.

I’d urge everyone to give Trader Joes a little “rough justice”. Just skip the place and you’ll save yourself some money too.

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