Ninth Circuit Leery of Trader Joe’s Union’s Trademark Escape (1)

A union representing some Trader Joe’s employees faced skepticism from a Ninth Circuit panel that the grocery chain’s trademark suit against it should’ve been so easily dismissed.

The judges drilled down on the distinction between using Trader Joe’s United to identify a union and selling merchandise prominently featuring allegedly confusing marks during Friday’s oral argument. The three-judge panel at the US Court of Appeals for the Ninth Circuit was evaluating Trader Joe’s Co.'s appeal of District Judge Hernan D. Vera’s January 2024 opinion dismissing the case.

“It’s a little bit unusual to see this result at a motion to dismiss ...