Trader Joe’s is suing an online apparel seller in an alleged trademark infringement case centered around profane and politically incendiary T-shirts.

The complaint says that the case is complicated by the fact that the alleged perpetrator is operating under what may be a fictitious/unregistered business name – “T-Shirt AT Fashion LLC.”  

A Monrovia, CA-headquartered grocery chain with locations across the United States, Trader Joe’s filed the suit on April 20 in federal court in California.

Trader Joe’s alleges that an entity called T-Shirt AT Fashion LLC, which prints, markets and retails graphic T-shirts and other apparel directly to consumers, was selling on its website a tee that bore a lewd phrase referencing a sexual act. Trader Joe’s logo and word mark appear on the shirt in connection with the phrase.

“Displaying the Trader Joe’s mark alone would violate Trader Joe’s intellectual property rights,” the lawsuit asserts. “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.”

T-Shirt AT was also allegedly selling T-shirts that showed a picture of President Joe Biden along with the phrasing “Traitor Joe’s.” The design of the “Traitor Joe’s” phrase looks like the actual trademarked Trader Joe’s logo, using a similar font, color, concentric circle border and general composition, the complaint states.

“The combination of these elements, as well as the phonetic similarity between the word ‘Traitor’ as compared to ‘Trader,’ likewise ties the Trader Joe’s brand to a perceived association with T-Shirt AT in the minds of consumers,” according to the lawsuit.

Trader Joe’s lawsuit indicates that the company contacted T-Shirt AT about five times at different points in 2021 and 2022 in an effort to get the shirt seller to stop offering the tees.

As of the lawsuit filing, the shirts remained for sale, the complaint says. “T-Shirt AT’s use of Trader Joe’s registered trademarks and the unregistered elements of the Trader Joe’s Family of Marks has been intentional, willful and malicious,” the suit says.

Attorneys for Trader Joe’s say that the grocer has been unable to determine the true business name/executives behind T-Shirt AT Fashion LLC, as a business of that name is not registered with the Texas Secretary of State, though the website gives a Texas business address. The company may have an address in Stafford, TX, near Houston, court papers indicate.

Trader Joe’s alleges that T-Shirt AT Fashion sells apparel on multiple other websites under aliases, including Nice Frog Tees, Meomeo Shirt, Tee Hand US Store, TeePublicity and Shibtee, among others.

The suit asks a federal judge to immediately and permanently prevent T-Shirt AT Fashion and its aliases from using the Trader Joe’s trademarks and turn over the inventory of the remaining alleged offending T-shirts for destruction. The suit also asks for damages to be awarded to the grocery chain. The defendant has about three weeks to respond to the complaint.  

Legal arguments and outcomes in trademark and copyright cases related to graphics on apparel and branded merchandise can prove useful for promotional products pros, as they consider potential trademark/copyright issues in the course of business.