The very popular US grocery retailer Trader
Joe's has a following among Canadian
consumers. Capitalizing on this popularity north of the border, a
Vancouver entrepreneur has made it his business to buy genuine
Trader Joe's-branded merchandise in the US, and re-sell the
products in a retail location in Vancouver under the banner Pirate
Joe's. Citing Lanham Act trademark
infringement, TJs sued the Canadian businessman in Washington State
(Link to the complaint
here ).
The US court dismissed the complaint, and Trader
Joe's has now appealed that
decision to the US Federal Circuit Court of
Appeals.
While this appeal will run its course under US legal principles,
it is worth noting the law on "parallel
importation" in Canada.
