CANADA - Trader Joe’s is preparing to face off with its unofficial Canadian counterpart, Pirate Joe’s, in the open waters of American court. The now-infamous battle over the Trader Joe’s trademark will come to a head this November in U.S. courts.
“Just opening the door to trademark owners to sue in U.S. courts for acts that occurred abroad and to be able to survive a motion to dismiss is huge,” said Christine Farley, a Professor at American University Washington College of Law. “The ninth circuit has essentially rolled out the red carpet for Trader Joe’s to make the claim, and now the ball is in their court. They have to figure out how to do it with this quirky set of facts.”
For those unfamiliar with this Canadian-based brand, Pirate Joe’s and its Founder Mike Hallatt has been making headlines for purchasing Trader Joe’s goods, smuggling them across the border into Vancouver, and then reselling them.
Hallatt is an unauthorized retailer of the Trader Joe’s brand, and has always marketed himself as such. Hallatt stated that he started his store for those that do not have the documentation, money, or time to cross the border to the closest Trader Joe’s shop, which is nearly 55 miles from Vancouver.
Hallatt stated to source The Guardian that he has spent over $1 million at Trader Joe’s locations in the U.S. in order to bring the American chain’s wares to those without access in Vancouver.
Pirate Joe’s was sent a cease-and-desist letter almost immediately after opening its doors in 2012, and then followed suit with a trademark case. This case was ultimately dismissed in 2013 as Aldi-owned Trader Joe’s doesn’t have shops or offices in the country, however, a ninth circuit decision brought the case back to life.
Several analysts confided to The Guardian that no matter how interesting the case is, it will hinge on whether or not Hallatt can secure the funds to defend himself. Hallatt, for his part, has now started a crowdfunding campaign to raise $250,000 to cover his fees.
What’s next in the face-off between Trader Joe’s and Pirate Joe’s? AndNowUKnow will be sure to report.
