Harrison Lavelle

[1] Introduction A battle is brewing in the Ninth Circuit over what test courts should use to determine whether allegedly infringing works are “substantially similar” to their copyright-protected counterparts. While the three-judge panel rejected photographer Jeffrey Sedlik’s appeal based on binding precedent, two judges wrote separately calling for the Circuit to go in a different direction. If the Ninth Circuit grants rehearing en banc and abandons its current test, creators of...

[1] Overview On September 8, 2025, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit revived a trademark infringement lawsuit brought by Trader Joe’s Company (“Trader Joe’s”) against Trader Joe’s United (“TJU”)—the grocery store chain’s employee union.[2] The decision is the latest installment in an ongoing battle over products sold by TJU which allegedly infringe Trader Joe’s federally registered trademarks.[3] The dispute raises important issues at the juncture of...