UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES – Speech

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It is unlikely that speech critical of management would be perceived as representing the employer’s opinion. Following similar reasoning, federal district courts have found no material risk of confusion when a union uses an employer’s name, logo, or other trademark as part of criticizing the company or attempting to organize its employees. (See, e.g., Trader Joe’s Company v. Trader Joe’s United (C.D.Cal.) 2024 WL 305697; Medieval Times USA, Inc. v. Medieval Times Performers United (D.N.J. 2023) 695 F.Supp.3d 593, 602-603 [collecting cases].) (p. 20 & p. 21, fn. 10.)