Trader Joe’s Woes: Grocer Wages War on its Workers' Union
Trader Joe's, a renowned grocery store chain, has recently threatened legal action against its workers' newly formed union, Trader Joe's United. The company alleges trademark infringement tied to merchandise being sold through the union's online store.
Hailing from California, the supermarket giant delivered a letter to the union president and store worker, Jamie Edwards. Dated June 27, this correspondence targeted the sale of merchandise — T-shirts, mugs, and tote bags — bearing the phrase "Trader Joe's United" and the union's emblem: a fist gripping a box cutter. Trader Joe's argues that such items are potentially misleading for consumers and risk diluting their established brand identity.
The company asserts that the union's merchandise infringes upon its trademarks, design, and 'trade dress'— a legal term denoting a product's overall aesthetic. The threat of an injunction and monetary damages, including any profits from the sale of said items, looms over the union if it continues to sell the merchandise.
“This latest threat to the Union is just another in your continuing attack against labor,” the union’s attorneys wrote in response to the grocery chain's threats.
In retaliation, the union's legal representatives have accused Trader Joe's of trying to intimidate its workers and suppress their voices through the threat of legal action. They expressed dismay but not shock that the company would potentially manipulate trademark law to their advantage.
The union’s online store operations are managed by Bright Blue Ink, a union print shop situated in Austin, Texas. According to Maeg Yosef, a Trader Joe's worker and the union's spokesperson, Bright Blue Ink oversees all printing and shipping, obtaining a portion of sales proceeds, while the remainder goes to the union. The union utilizes these funds to further its organizational endeavors.
This looming legal confrontation is one facet of a larger struggle between Trader Joe's and its newly unionized faction, Trader Joe's United. Four of the company's stores have unionized in just over a year, an unprecedented development in the company's history. The union is now working on securing the first contracts for these stores.
Trader Joe's United has accused the company of several labor law infringements throughout the unionizing drive, allegations that Trader Joe's staunchly refutes. These claims include an unfair labor practice charge regarding the dismissal of Stephen Andrade, a worker the union believes was targeted due to his union involvement.
In another development, the National Labor Relations Board is currently investigating a complaint asserting the unlawful removal of union literature from a store break room in Minneapolis.
Trader Joe's isn't the first company to allege trademark infringement by a worker's union. As reported by HuffPost, Medieval Times filed a similar lawsuit against its workers' union, Medieval Times Performers United, over a related issue.
However, Trader Joe's clarified its position, stating it doesn't oppose the union using the company name to identify itself or to promote its cause. As conveyed in another letter from its attorney on July 5, the company's concern is the union's use of Trader Joe's trademarks on merchandise sold to the public.
In response, the union announced it would pursue sanctions against Trader Joe's for "bad faith and frivolous claims" should the company proceed with the lawsuit. “Should you still move forward with any such legal action, you do so at your own peril,” warned the union's attorneys.