[ubernostrum]

Nothing in the article says otherwise.

The legal complications are in importing all the stuff, making sure you're not perceived as confusing/diluting someone else's brand name, complying with a different country's labeling requirements, and most of all obtaining the goods since Trader Joe's has the right to refuse to sell to "Pirate Joe's" shoppers.

[unclebunkers]

Importing the stuff, complying with Canada's labelling has nothing to do with Trader Joes. That has to do with the Canadian government, and they don't seem to get too sticky about stuff like this.

Trader Joes has a right to refuse people who shop there, but again, you can't sue someone for trying to buy from you. Trespassing perhaps. Stalking?

Which brings us to your point about dilution of a brand. They lose that right when they sell it. It's called the first sale doctrine. HBO can stop Netflix from showing Game of Thrones streaming, but they cannot stop them from renting the video out. So, rather than listing things that aren't valid, could someone explain why isn't this covered by the first sale doctrine?

[ubernostrum]

The first sale doctrine does not let you do business under a name that is confusingly similar to someone else's trademark.

[unclebunkers]

If Pirate Joes is a Trademark violation, then every single small business that includes a persons name is a trademark violation. Regardless, settle a name change, and done. My point is there is zero need to be litigious here, and there is no logical legal justification.

Trader Joeys, clear trademark violation. Pirate Joes, no fucking way. Not in this country.

[ubernostrum]

I think perhaps you should take a remedial course on trademarks.

[unclebunkers]

I think perhaps you're not nearly as clever as you think you are.

[ubernostrum]

If the store named "(thing) Joe's" builds its entire business on "we sell Trader Joe's products", there is a very reasonable case that they're confusing (possibly deliberately confusing) the public about whether they are or are not an actual Trader Joe's. Which... brings trademark law into play.

So, like I said. Maybe it's time for you to go back to law school.

[imanaccount247]

Calling it "grey market" certainly implies otherwise. What he is doing is fully legal, there's nothing grey about it.

[kristofferR]

"A grey market (sometimes called a parallel market,[1] but this can also mean other things;[2] not to be confused with a black market or a grey economy) is the trade of a commodity through distribution channels which, while legal, are unofficial, unauthorized, or unintended by the original manufacturer."

http://en.wikipedia.org/wiki/Grey_market