Fabiosa & Villamor: Trademark use by labor union

In August 2023, we wrote that grocery store chain Trader Joe’s filed with a California court a trademark infringement case against its labor union called “Trader Joe’s United” for selling merchandise like tote bags, mugs, buttons, and other goods that bear the “Trader Joe’s United” name and logo. The lawsuit claims that the sale of the said merchandise would confuse consumers into thinking that the products were made or are endorsed by Trader Joe’s. The store states that it does not seek to stop the union from selling all its merchandise, only those that bear the “Trader Joe’s” name and logo. The union asked for the dismissal of the case arguing that its use of the store’s brands will not cause consumer confusion. It added that the lawsuit is an act of union busting. The district court ruled in favor of the labor union and dismissed the case. On appeal, in a decision dated Sept. 8, 2025, the US Court of Appeals for the Ninth Circuit reversed the dismissal and ruled that: (1) the “Trader Joe’s” trademark is a strong trademark; (2) the “Trader Joe’s” trademark and the union’s trademark are strikingly similar; and (3) the parties’ goods are related. The case was remanded to the lower court for further proceedings on the issue of whether the case is a labor dispute.