Trader Joe’s Revives Trademark Suit Against Union on Appeal (1)

Trader Joe’s Co. convinced the Ninth Circuit a lower court too quickly dismissed its trademark claims against a union representing some of its employees.

Trader Joe’s United selling merchandise with the grocer’s word mark raised at least enough factual questions to survive a motion to dismiss, the US Court of Appeals for the Ninth Circuit said in an opinion issued Monday. The panel found strength of the marks, relatedness of the goods, and similarity between marks all could favor the grocer in a likelihood of consumer confusion analysis.

The opinion by Judge Gabriel P. Sanchez revives one of a number ...