Virginia
13 September 2017
Reporter: Barney Dixon

Kroger and Lidl drop home brands lawsuit


Supermarket rivals Lidl and Kroger have agreed to dismiss a trademark infringement lawsuit over home brand logos.

Kroger sued Lidl soon after it opened its first US store, arguing that Lidl’s ‘Preferred Selection’ brand infringed Kroger’s ‘Private Selection’ brand.

Both parties filed a joint stipulation at the US District Court for the Eastern District of Virginia on 7 September, asking the court to dismiss the lawsuit and for each side to bear its own costs.

Kroger was founded in 1883 and has nearly 3,000 stores across the US. It claimed Lidl intended to use the Kroger name to “benefit from the goodwill in Kroger’s Private Selection trademarks by causing confusion with Lidl’s preferred selection trademark”.

In its original complaint, Kroger accused Lidl of willfully infringing Kroger’s rights, causing “irreparable injury to Kroger, for which there is no adequate remedy at law”.

In its response, Lidl hit back at Kroger, arguing that the supermarket had offered a “striking absence of evidence in support of its claims” and that the lawsuit was an attempt to undermine its US launch.

Lidl argued that Kroger was attempting to distract from the positive reviews Lidl had garnered in the US by painting it as a copycat

US District Judge John Gibney signed the voluntary dismissal on 13 September, bringing an end to the litigation.

More news
The latest news from IPPro The Internet
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
INTA marks key 2017 achievements in annual report
21 February 2018 | New York | Reporter: Barney Dixon
INTA has highlighted its key achievements in 2017, including ever-increasing membership and a “record-breaking” annual meeting, in its 2017 annual report
UK launches trade secrets consultation
20 February 2018 | London | Reporter: Barney Dixon
The UK IPO has launched a technical consultation on the EU trade secrets directive and its implementation into UK law
BakerHostetler hires IP partner
19 February 2018 | Los Angeles | Reporter: Barney Dixon
BakerHostetler has hired Troy Schmelzer as partner in its intellectual property group
ICANN rejects .corp, .home and .mail
19 February 2018 | California | Reporter: Barney Dixon
ICANN has halted the new gTLD applications for .corp, .home and .mail and agreed to refund applicants the full fee of $185,000
Sheppard, Mullin, Richter & Hampton promotes four to partner
16 February 2018 | California | Reporter: Barney Dixon
Sheppard, Mullin, Richter & Hampton has promoted four intellectual property attorneys to partner across its Shanghai, San Diego and San Francisco offices
Man fined more than £500,000 for counterfeit selling
16 February 2018 | Stafford | Reporter: Barney Dixon
A man who bought counterfeit DVDs from China and sold them as genuine products on eBay has been fined £567,000 following 16 months of imprisonment
Memery Crystal hires IP and gambling partner
15 February 2018 | London | Reporter: Barney Dixon
Memery Crystal has hired Carl Rohsler as partner in its London office