Trader Joe’s wins right to be heard

SAN FRANCISCO — A U.S. court has the authority to hear a trademark lawsuit by grocery chain Trader Joe’s against a man who purchased the company’s products and resold them in Canada at “Pirate Joe’s,” a store designed to mimic a real Trader Joe’s, a federal appeals court said Friday.

The 9th U.S. Circuit Court of Appeals overturned a district court’s decision to dismiss California-based Trader Joe’s federal trademark claims.

The district court in Washington state said it lacked authority to hear those claims because the defendant’s alleged trademark violations occurred in Canada and Trader Joe’s had failed to clearly explain how they affected U.S. commerce.

The 9th Circuit said defendant Michael Hallatt’s conduct could harm Trader Joe’s reputation, decreasing the value of its American-held trademarks.

Circuit Judge Morgan Christen also pointed out that Hallatt bought the Trader Joe’s goods he resold in Washington state.

Hallatt’s attorney, Nathan Alexander, said in an email he and Hallatt disagree with the ruling and are evaluating their options.

Hallatt disputed his store looks like a Trader Joe’s and said he has no intention of backing down.

Trader Joe’s does not have stores in Canada. The company sued Hallatt in 2013, alleging he drove across the border to a Trader Joe’s store in Washington state, bought the company’s products and resold them at higher prices at his Vancouver store.