The Law of Work
  • Home
  • About
  • Professor David Doorey
  • In the Media
  • Books
  • Guest Contributors
  • Useful Links
    • Archive
  • Home
  • About
  • Professor David Doorey
  • In the Media
  • Books
  • Guest Contributors
  • Useful Links
    • Archive
The Law of Work
Law of Work Archive

Real Pleadings: Walmart Sues UFCW for Using its Logo & Slogans

by David Doorey November 6, 2009
written by David Doorey November 6, 2009

A couple of months ago, the media got wind of a lawsuit filed by Walmart against the Canadian United Food and Commercial Workers seeking an injunction to stop the union from using Walmart logos and slogans on a union website dedicated to encouraging Walmart workers to join unions.  Here is the New York Times article.
  See full size image This lawsuit was likely received with great enthusiam at the union’s headquarters, since it attracts way more public attention to their website than they could ever had hoped.  If I was the union, I’d fight this case to the Supreme Court if the injunction were actually to be granted.  Here is the UFCW webpage on the lawsuit, and you can see how the union is putting the lawsuit to good use with “under the threat of censorship” yellow tape across the logos.   And check out this very funny little parody.
I’ll bet the union enjoyed reading this part of Walmart’s pleadings:

59.  The activities of the Defendent … are causing serious and immediate irreperable harm and damage to the Plaintiff and to the valuable reputation and goodwill in Wal-mart’s registered trademarks.

How does Wal-Mart prove this harm, I wonder, especially since the website has been up for 6 years!  In addition to using versions of Walmart logos, the union also makes fun of one of Walmart’s slogans:  “Save Money.  Live Better.”  The union’s website says:  “Get Respect.  Live Better.”  Walmart is trying to get a court to put an end to all of this criticism. 
I’m no trademark/IP lawyer, so I will not offer much by way of legal analysis.   I do recall a case from the 1990s involving the CAW using the Michelin marshmellow man in their organizing flyers.  The Federal Court found that this was not prohibited by trademark laws.  That case was called Compagnie Générale des Établissements Michelin-Michelin & Cie v. Hargrove and CAW.
As part of my series on Real Pleadings, I thought it would be a hoot to post Walmart’s motion pleadings in the injunction case.  It’s a good, entertaining read.  The motion will be argued later this month in the Quebec court.  I’ll update when a decision is released.
Here is Walmart’s  motion

2 comments
0
FacebookTwitterLinkedinEmail
David Doorey

Professor Doorey is a Full Professor of Work Law and Labour Relations at York University. He is Academic Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and a Senior Research Associate at Harvard Law School’s Labor and Worklife Program. Professor Doorey is a graduate of Osgoode Hall Law School (LL.B., Ph.D), London School of Economics (LLM Labour Law), and the University of Toronto (B.A., M.I.R.).

Leave a Comment Cancel Reply

You must be logged in to post a comment.

previous post
Top 100 Employment Law Blogs!
next post
Capitalism Needs Strong Government Regulation, says over 75% of Canadians

You may also like

This Blog Entry is About the Lunacy of...

July 21, 2019

A Cross Country Update on the Card-Check versus...

October 3, 2018

The Folly of Not Voting to Strike in...

September 16, 2018

Unifor Posts Photos of Replacement Workers as Gander...

September 10, 2018

A Wrongful Dismissal Case and the Absence of...

August 29, 2018

China Said to Quickly Withdraw Approval for New...

August 27, 2018

The Latest Hot E-Commerce Idea in China: The...

August 27, 2018

The Trump Administration Just Did Something Unambiguously Good...

August 27, 2018

Unstable Situations Require Police In Riot Gear Face...

August 27, 2018

Trump’s War on the Justice System Threatens to...

August 27, 2018


Follow Us On Social Media

Substack
Bluesky

BlueSky Latest Posts

No posts available.

Categories

  • Alberta
  • Artificial Intelligence
  • Australia
  • British Columbia
  • Charter of Rights and Freedoms
  • Childcare
  • Class Action
  • Climate and Just Transition
  • Collective Bargaining
  • Common Law of Employment
  • Comparative Work Law
  • competition law
  • construction
  • Constructive Dismissal
  • COVID-19
  • Diversity
  • Employee Classification
  • Employment Insurance
  • Employment Regulation
  • Europe
  • Financial Industry
  • Fissured Work
  • Freedom of Association
  • frustration of contract
  • Gender
  • Gig Work
  • Health and Safety
  • Health Care
  • Human Rights
  • Immigration
  • Interest Arbitration
  • International Law
  • Labour Arbitration
  • Labour Economics
  • Law of Work Archive
  • Legal Profession
  • Manitoba
  • Migrant Workers
  • Minimum Wage
  • New Zealand
  • Newfoundland
  • Nova Scotia
  • OLRB
  • Ontario
  • Pension Bankruptcy
  • Privacy
  • Public Sector
  • Quebec
  • Real Life Pleadings
  • Saskatchewan
  • Scholarship
  • Sports Labour
  • Strikes and Lockouts
  • Student Post
  • Supreme Court of Canada
  • Tax Law
  • technology
  • Transnational Law
  • Uncategorized
  • Unions and Collective Bargaining
  • United States
  • Videos
  • Women and Work
  • Wrongful Dismissal
  • Home
  • About
  • Guest Contributors
Menu
  • Home
  • About
  • Guest Contributors
  • Legal Scholarship
  • Useful Links
  • Archive
Menu
  • Legal Scholarship
  • Useful Links
  • Archive

2020. Canadian Law of Work Forum. All Rights Reserved.