In the lawsuit, Kroger claims that Lidl’s private brand named “Preferred Selection” too closely resembles its own private brand, “Private Selection.”
The retailer claims that the close resemblance of will cause consumer confusion and allow Lidl to “compete unfairly” because customers could assume that the two brands are affiliated.
According to the filing, Kroger started using “Private Selection” more than 20 years ago, whereas Lidl filed a trademark for “Preferred Selection” last September.
“As a direct result of Lidl’s wrongful conduct, Kroger has suffered and will continue to suffer irreparable injury,” the lawsuit states.
Preferred Selection joins a parade of premium private brands with similar uninspired names including Albertsons/Safeway’s “Signature Select”; Aldi’s “Specially Selected”, and Associated Wholesale Grocers “Superior Selections.”