Unionized workers (and those seeking to unionize) in a multitude of industries and careers go on strike to seek better pay, benefits and working conditions. These strikes typically involve walking a “picket line” with signs, t-shirts and other paraphernalia advertising who they are and what they’re seeking – or their employer’s failings.
Sometimes these items used logos, images and other branding trademarked by their employer. Isn’t that trademark infringement?
The Medieval Times case
That’s what some companies have claimed in recent years when workers went on strike. For example, in 2022, Medieval Times sued striking workers who called themselves “Medieval Times Performers United” for trademark infringement because they used the company’s logo and medieval-themed imagery.
Medieval Times alleged that this unauthorized use created “consumer confusion.” A district court judge ruled that there was “no plausible likelihood of confusion.” He added that “neither a side-by-side comparison nor the overall impression is confusingly similar” and dismissed the case.
The Trader Joe’s case
In 2023, Trader Joe’s sued striking workers who called themselves Trader Joe’s United for trademark infringement for using the grocery chain’s branding on its merchandise and website. The company asserted that this was causing “significant reputational harm.”
Striking grocery store workers who named themselves Trader Joe’s United face a similar lawsuit for trademark infringement that hasn’t yet been resolved. The company said that by using Trader Joe’s branding on its website and merchandise, the union was causing “significant reputational harm.”
Last year, a federal judge dismissed the company’s claim against the union and ordered it to pay the union’s attorney’s fees. The judge noted the claim’s “lack of substantive merit” and contended that it was brought to discourage workers from unionizing.
These two cases are examples of the kind of challenges companies can face if they allege trademark infringement by striking workers. A key factor in these cases was the fact that consumers would likely not believe that the company was behind the strikes because their trademarks appeared on signs, shirts, websites and other materials produced by the strikers.
Of course, every case is unique. That’s why, if a company believes that any person or entity is guilty of trademark infringement, it’s wise to get experienced legal guidance.