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.