A clothing company that sold sexually explicit T-shirts with the Trader Joe’s name is being sued by the California grocery chain giant.
Late last month, Trader Joe’s filed a lawsuit against Texas-based T-Shirt AT Fashion for trademark infringement and unfair competition based on the sale of merchandise that used the Trader Joe’s logo and similar brand images.
In the complaint filed by Trader Joe’s on April 20 with the U.S. District Court for the Central District of California, the chain noted that T-Shirt AT Fashion was selling “I got my ass ate at Trader Joe’s” shirts, in addition to items that read “Traitor Joe’s,” which featured a photo of President Joe Biden.
“Displaying the Trader Joe’s mark alone would violate Trader Joe’s intellectual property rights,” the filing read in part. “T-Shirt AT’s profane addition causes further injury by tarnishing Trader Joe’s reputation in the mind of consumers and diminishing the positive, wholesome reputation of the Trader Joe’s brand.”
Trader Joe’s added that the President Biden reference would “likely impugn Trader Joe’s reputation in the minds of certain consumers who disagree with that political commentary.”
Trader Joe’s first reached out to T-Shirt AT Fashion in 2021 with a cease-and-desist notice to remove “Traitor Joe’s” products from its website. A year later, the grocery chain discovered that T-Shirt AT Fashion had added the sexually explicit T-shirt with the Trader Joe’s logo to its online store.
“As of the date of filing this lawsuit, T-Shirt AT has yet to cease and desist its unlawful activities,” the complaint read. “As a direct and proximate result of T-Shirt AT’s foregoing acts, Trader Joe’s has been damaged and has suffered and will continue to suffer immediate and irreparable injury,” it added.
It’s not the first time Trader Joe’s has sued for trademark infringement. In 2013, Trader Joe’s took legal action against Vancouver-based grocery store Pirate Joe’s, which was reselling Trader Joe’s products. Trader Joe’s sued for trademark infringement, unfair competition, false designation of origin and false advertising, according to the New York Times. Pirate Joe’s permanently closed in 2017 following the suit, according to the BBC.
SFGATE reached out to Trader Joe’s and T-Shirt AT Fashion for comments but did not hear back by publication.
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