Trader Joe's v. Pirate Joe's - U.S. Law Does Not Apply

Written By Tamera H. Bennett

A U.S. District Judge in Seattle ruled that transporting and reselling unaltered "Trader Joe's" branded products in Canada does not give rise to a lawsuit for trademark infringement in the United States under U.S. trademark laws. Michael Hallatt owns "Pirate Joe's" a grocery store in Canada that resells "Trader Joe's" branded/trademark products.  "Trader Joe's" does not have any stores in Canada.  Hallatt pays retail prices for the goods and claims the goods at the border crossing.

Hallatt does not act to deceive his customers as to the source of the goods and he does not alter the goods or their packing.

The court found the facts did not rise to the level where U.S. Trademark law should be applied to acts in a foreign country.

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
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