Dealer Joe’s threatens the union with trademark infringement claims

Dealer Joe’s has threatened to file a federal lawsuit towards its new staff’ union, accusing Dealer Joe’s United of infringing on its trademark by merchandise it sells. Union online store.

The California-based grocer lately despatched a letter to the union’s president, retailer employee Jimmy Edwards, arguing that Dealer Joe’s United’s Shirts, Glasses And Tote bags “It’s more likely to trigger shopper confusion” and “dilute” the corporate’s model. the letterdated June 27 and obtained by HuffPost, particularly pointed to gadgets that say “Dealer Joe’s United” and present the union emblem, a fist clenching a field cutter.

Dealer Joe’s claims the gadgets violate its emblems, design, and “commerce gown” — a authorized time period that primarily refers back to the total appear and feel of a product. The corporate mentioned that if the union doesn’t cease promoting the merchandise, it could search an injunction and cash damages, together with “all income” the union produced from the sale of the gadgets.

The union’s legal professionals responded A letter of their ownThe corporate was accused of bullying staff and attempting to silence them by threatening to sue. They mentioned it was “disappointing, however not stunning” that the corporate would search to “use” trademark legislation as a weapon towards staff.

“This newest menace to the union is simply one other assault in your ongoing assault towards staff,” the union’s legal professionals wrote.

Dealer Joe’s didn’t instantly reply to a request for remark Friday.

the Union Online store It’s operated by Shiny Blue Ink, a federal printing press primarily based in Austin, Texas. Shiny Blue Ink handles all of the printing and transport and will get a portion of the gross sales, whereas the union will get the remainder of the proceeds, mentioned Meg Youssef, a Dealer Joe’s worker and union spokesman. When supporters buy merchandise, it helps fund the union’s organizing efforts.

The authorized menace is a part of a broader battle between the grocery store and Dealer Joe’s United, which has joined the union 4 shops In simply over a yr. (The corporate has contested the outcomes of a kind of elections.) None of Dealer Joe’s greater than 500 shops beforehand had union illustration. The union is in the midst of attempting to discount for the primary contracts for the shops it organizes.

Dealer Joe’s United has accused the corporate of violating labor legislation on a number of events throughout the regulatory marketing campaign — allegations that Dealer Joe’s has denied. The union lately filed an unfair labor apply cost concerning capturing Steven Andrade, a Massachusetts employee who the union claims was focused due to his union help.

In a special case, prosecutors on the Nationwide Labor Relations Board are Observe up on the criticism towards the corporate for allegedly illegally eradicating union fliers from the break room of a retailer in Minneapolis.

Dealer Joe’s will not be the primary employer to go after its labor union with a trademark infringement declare.

As HuffPost reported final yr, Medieval Occasions filed a trademark lawsuit towards its new labor union, Medieval Occasions Performers United. The dinner restaurant chain accused the union of making “confusion amongst customers” with its identify and emblem, which features a citadel and swords. Two of America’s 9 medieval castles have fashioned federations since final yr.

Within the case of Dealer Joe’s, the corporate mentioned it didn’t object to the union utilizing the Dealer Joe’s identify “for functions of figuring out the union or discussing your case,” in line with the Dealer Joe’s web site. Another letter Her lawyer was despatched on July 5. “As an alternative, our demand straight relates solely to (the union’s) use of Dealer Joe’s iconic emblems on merchandise bought to most of the people.”

The union mentioned it could search sanctions towards Dealer Joe’s for “unhealthy religion and frivolous allegations” if the corporate chooses to file a lawsuit.

“When you proceed to proceed with any such authorized motion, you achieve this at your personal threat,” the union’s legal professionals wrote.