OWE’s Greg Owen commented in a San Francisco Chronicle article on August 16, 2013, “Trader Joe’s drags a pirate to court,” dealing with a lawsuit filed by Trader Joe’s against a reseller of their goods in Canada. According to the article:
“I don’t think Trader Joe’s really has a chance, suing here in the U.S.,” said lawyer Greg Owen, a trademark, copyright and unfair competition expert with Owen, Wickersham & Erickson, an intellectual property firm in San Francisco.
If Trader Joe’s had sued in Canada, or if Pirate Joe’s were operating in the United States, the claim might be more viable, said Owen, who reviewed the lawsuit and motion to dismiss. He added, however, that the first-sale doctrine, which Hallatt is fond of citing and which lets people resell what they’ve bought, is more nebulous when perishable items are involved.
“On the flip side, Trader Joe’s is certainly benefiting from Hallatt purchasing the products,” Owen said. “They’re making money off him.”
Link to the full article: Trader Joe’s drags a pirate to court