Pirate Joe's seeks public support as it enters latest stage of legal battle with U.S. grocery giant Trader Joe's

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      Update (June 8): Pirate Joe's is now permanently closed. Read our follow-up article here for the full story.

      The owner of Pirate Joe’s (3744 West 10th Avenue), an unofficial Trader Joe’s reseller in Point Grey, is asking the public for support as he prepares to enter the next stage of his on-and-off legal battle with the American grocery giant.

      A U.S.–only chain known for its in-house brand of specialty and health-oriented food items, Trader Joe’s is suing Pirate Joe’s for trademark infringement. It also alleges that the rebel store, which offers marked-up products like dark chocolate–covered peanut butter cups and Speculoos cookie butter that owner Mike Hallatt purchases in cities such as Seattle and Bellingham, is compromising the quality of its foods.

      Trader Joe’s sent Pirate Joe’s a cease-and-desist notice in 2012, when the shop opened at its original location on West Broadway. In 2013, it sued Pirate Joe’s for copyright infringement and false advertising. That case was dismissed by a Washington state judge, who ruled that Trader Joe’s could not prove that Pirate Joe’s was harming its business south of the border.

      However, an appeal won by Trader Joe’s last year will see the two retailers meeting in U.S. federal court in November. As a result, Hallatt has launched a crowdfunding campaign to help cover the legal costs. He hopes to raise $50,000 by the end of June. At the time of writing, supporters have contributed $4,985.

      “This is my last kick at it,” Hallatt tells the Straight by phone. “Either we pull this off or we don’t.”

      If the campaign fails to raise enough money, Hallatt will be unable to defend his business and Pirate Joe’s will be forced to close. “They [Trader Joe’s] are basically saying, ‘Shut it down,’ ” he says. “There’s no middle ground, no common ground. They are adamant about the outcome.”

      Hallatt, a Vancouver native who opened Pirate Joe’s as a way to share the foods he enjoyed during his time living and working in California, maintains that the resale of Trader Joe’s items is perfectly legal. He asserts that the trademark case is a threat to entrepreneurs and the existence of secondary markets, which allows citizens to purchase and resell goods under their original brand names.

      “Because we’re buying stuff at retail legally and we’re not altering the product, we’re not doing anything sinister,” he says. “So the fact that we’re still being drawn into this means that Trader Joe’s is really forcing a large showdown in respect to trademark law.”

      Hallatt adds that he has been buoyed by support from the community, especially during a rough last year that saw Pirate Joe’s relocating from West 4th to West 10th Avenue due to redevelopment of its Kitsilano site. He hopes that the crowdfunding campaign will allow him one last kick at the can.

      “Pirate Joe’s is shorthand for unaffiliated, unauthorized, and I joke, unafraid,” he says. “So I think it’s important for people to know that it's going to take a lot more to make us go away.”

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