Lawyers representing United States supermarket chain Trader Joe’s have filed a complaint in California against decentralized exchange Trader Joe.
In an Oct. 5 filing in the U.S. District Court for the Central District of California, Trader Joe’s sued Trader Joe and its co-founder Cheng Chieh Liu over federal trademark infringement and dilution claims. According to the lawsuit, Trader Joe and Liu used many of the supermarket’s ideas, from “donning a red cap” — red features prominently in the store’s branding — to its narrative for one of the platform’s fictionalized characters.
“Defendants committed fraud to obscure that origin story and to prevail in international legal proceedings with Trader Joe’s over the domain name, recognizing that the true story would doom their case and any plausible claim of right to use the traderjoexyz.com domain,” reads the lawsuit.
Trader Joe’s location in Austin, Texas. Source: Cointelegraph
“Trader Joe’s sent Defendants cease-and-desist letters demanding that they stop using the ‘Trader Joe’ name,” says the lawsuit. “Well after Trader Joe’s demanded that they stop, Defendants continued capitalizing on Trader Joe’s name, goodwill, and brand recognition — built up through Trader Joe’s investment across more than half a century — to peddle their own goods and services.”
The store’s lawyers point to Trader Joe using “confusingly similar” names on the exchange’s website, YouTube page, Reddit, GitHub, LinkedIn, Substack, CoinMarketCap, Telegram and Discord. Within the content of some of these accounts, according to the lawsuit, Trader Joe using the possessive form of its name — i.e. “Trader Joe’s” — matched the supermarket chain’s “exact word mark” registered as a trademark.
“Most courts use like seven or eight different factors to assess and make a determination as to whether there’s infringement in a given case,” trademark and copyright lawyer Michael Keyes told Cointelegraph. “The relatedness of the goods is just one of the factors. […] One is the similarity of the marks. Here you’ve got Trader Joe’s and Trader Joe. For all intents and purposes, they’re identical, at least in terms of how they sound.”
Keyes added that he believes Trader Joe’s had a stronger case, as the business had a recognizable brand in the U.S., which could result in an injunction against Trader Joe forcing the platform to stop using its name. According to the attorney, the dilution claim in the case could also be something to watch out for, as it tends to focus on protecting famous recognizable brands.
“I think both claims are pretty strong. I think dilution is probably stronger. […] For dilution, you don’t have to show that the goods are related. The caveat being that in order to have a claim for dilution, you need to show that your trademark is truly famous, which means widespread recognition among U.S. consumers.”
Lawsuits involving trademark infringement between crypto firms and companies operating in a completely different sector do arise from time to time. In 2021, major U.S. fast food chain Jack in the Box sued crypto exchange FTX US — currently in the middle of bankruptcy proceedings — over alleged similarities between its “Moon Man” character and the firm’s “Jack” mascot.
Trader Joe’s opened its first store in California in 1967 and has more than 500 locations around the United States. In contrast, Trader Joe is one of the top-ranked decentralized exchanges in the crypto space, allowing liquidity providers to add liquidity in designated “price bins” to improve capital efficiency. Cointelegraph reached out to Trader Joe for comment but did not receive a response at the time of publication.
Kemi Badenoch has refused to say that the Conservatives are intending to win next May’s local elections, despite being repeatedly pushed on the issue.
Asked twice to define success for her party at the elections, the Tory leader merely said that she is “going to be fighting for every vote”.
Speaking to Sky News, she added: “Success is going to be people seeing the Conservative Party as the only party that is competent and credible enough to do the tough stuff that this country needs.”
The comments come as the Conservatives continue to trail in the polls.
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4:45
Watch Kemi Badenoch’s interview with Sky News in full
New data released by YouGov this morning has put the Tories in third place behind Reform and Labour, a space they have largely occupied throughout the year. The pollster’s weekly voting intention analysis put Ms Badenoch’s party on 18%, down one percentage point.
Image: YouGov’s weekly voting intention poll has the Tories down one percent on last week, and just three above the Greens. Pic: YouGov
Ms Badenoch gave a speech on welfare costs in London on Tuesday, where she attacked the government’s plans to tackle child poverty. Afterwards, she sat down with Sky News political correspondent Sam Coates.
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Asked about the local elections, she said: “There are going to be local elections all over the country, and there’s a conservative message that I want everyone to hear: Our country’s not working properly.
“There are fundamental things that need to change. We need to create jobs. Otherwise, we’re not going to have money for councils.”
She added: “We’ve seen new parties like Reform come in. They’re making a hash of things at council level. We need to make sure that people can see the benefits of voting Conservative.”
Image: Ms Badenoch also refused to score her party’s performance out of 10. Pic: PA
When it was pointed out that she had not defined success as winning the local elections, Ms Badenoch said: “The country is going to decide. We’re going to put out an offer, and we’re going to fight for every vote.”
May will see local council elections, as well as votes for the Senedd in Wales and the Scottish Parliament. They are seen as a crucial moment for the Tory leader – and also for Prime Minister Sir Keir Starmer.
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‘Of course poverty bothers me’
Ms Badenoch also refused to score the party’s performance out of 10, as the year draws to a close, and she marks a little over 12 months as leader.
She told Sky News: “When I look at the historic defeats which Conservatives suffered last year, things are definitely better.”
Wyoming Senator Cynthia Lummis, a member of the US Senate Banking Committee and one of the most prominent proponents for addressing digital asset market structure in Congress, said she wants to take the next step in advancing the bill sometime next week.
Speaking at the Blockchain Association Policy Summit on Tuesday, Lummis said she anticipated that the markup hearing for the Responsible Financial Innovation Act — the Banking Committee’s version of market structure — would happen before Congress broke for the holidays.
The senator said the crypto industry “was getting a little concerned” about the progress of the bill, adding that drafts were “changed so much every few days” during bipartisan discussions.
“Our staffs are exhausted,” said Lummis, referring to her and Senator Kirsten Gillibrand’s teams. “I think that we’re to the point where it’s better to go ahead with a product and mark it up next week and then give everybody a break over the Christmas break to catch their breath.”
Senator Cynthia Lummis (center) speaking at the Blockchain Association Policy Summit on Tuesday. Source: Blockchain Association
She added:
“My goal […] is to share a draft at the end of this week that is our best efforts [sic] to date and let industry vet it, let Republicans and Democrats vet it, and then go to markup next week.”
A markup hearing involves lawmakers considering amendments and changes before a bill is sent to the Senate for a vote.
Although the banking committee released a discussion draft of the market structure bill in July, after the Digital Asset Market Clarity Act passed the US House of Representatives, progress was slowed by the longest government shutdown in the country’s history and reports of pushback from some lawmakers over DeFi provisions in the bill.
A Monday report from Politico signaled that bipartisan negotiations over market structure were proceeding with plans for a markup in December. Lummis said in September that she expected the bill to be signed into law by 2026.
However, it’s unclear whether Republicans’ timeline will pan out. Even if senators were to proceed with a markup, other obstacles — such as partisan pushback — could lengthen the time for a vote.
What will a US market structure bill mean for the crypto industry?
Although the bill has yet to work its way through the Senate Banking Committee and Senate Agriculture Committee, many in the crypto industry have been championing Congress’ efforts to advance the legislation, citing clarity and benefits to the market.
“More and more finance will move onchain under the leadership of [SEC Chair Paul Atkins] once a market structure is passed into law by Congress,” said Coinbase chief legal officer Paul Grewal on Wednesday. “Our leaders need to align on the last details in the bill without delay […].”
Although the final version of the bill to be considered by the US Senate was not public at the time of publication, previously released drafts indicated that it would grant the Commodity Futures Trading Commission more authority over digital assets. This would represent a significant change from the Securities and Exchange Commission essentially handling regulation and enforcement.
Major tokenization platform Securitize has doubled down on its push to bring tokenized equity to US investors, naming a former PayPal executive as its new general counsel.
Securitize on Tuesday announced the appointment of ex-PayPal executive Jerome Roche, who led the company’s expansion into digital asset projects, including the PayPal USD (PYUSD) stablecoin.
“There’s been a perception that tokenized securities must be offered primarily outside the US, but our experience shows the opposite,” Securitize CEO Carlos Domingo told Cointelegraph.
“Clear regulatory path” for tokenized stocks in the US
According to Securitize, operating real-world asset (RWA) tokenization offerings inside the US regulatory perimeter is “not only possible, but scalable, at institutional quality.”
“We’ve demonstrated that there is a clear regulatory path for issuers to natively tokenize assets for US investors,” Domingo said.
“These are not synthetic representations, or derivatives, but real securities onchain,” the CEO said, adding:
“We operate using SEC-regulated infrastructure, including a registered transfer agent broker-dealer, and fund admin, which allows US investors to access and legally hold tokenized securities in a fully compliant framework.”
Securitize’s optimistic outlook on the US tokenization comes days after the platform obtained regulatory approval to operate as an investment company and a trading ánd settlement system in the European Union on Nov. 26. According to the company, the approval positioned it as one of the first operators for regulated digital securities infrastructure in both the US and EU.
Source: Securitize
“For the first time, modern ledger technology is giving us the ability to record ownership, settle transactions, and move value in ways that are fundamentally better than the fragmented systems we’ve inherited,” Securitize’s newly appointed general counsel, Roche, said in the announcement.
“Innovation only works when it fits squarely within the guardrails of applicable law,” he added, underscoring Securitize’s global push for regulated tokenized securities.
Securitize’s news is another sign of the US warming to tokenization. On Monday, the Securities and Exchange Commission dropped its investigation into rival tokenization platform Ondo Finance.
Ondo said the decision marks a new chapter for tokenized securities in the US, where they are poised to become a “core part of the capital markets.”