In an article, this morning Richmond, Virginia daily newspaper Richmond Times Dispatch reports on the first day of the contentious Kroger’s “Private Selection” versus Lidl “Preferred Selection” private brand legal battle. According to the article, round one went to Lidl.

After a day of testimony in which both sides presented expert witnesses who surveyed consumers to gauge confusion over the brands, U.S. District Judge John A. Gibney Jr. denied Kroger’s request to prohibit Lidl from selling Lidl’s own store brand “Preferred Selection.” Gibney set the case for a bench trial Jan. 11.

“I think the public interest lies in competition,” Gibney said.

The logos look “somewhat alike,” he said.

“I don’t find they have an identical or similar meaning,” he added, noting that the words “private” and “preferred” have different meanings.

In testimony Tuesday, Brendan Proctor, Lidl’s U.S. president and CEO, said the Preferred Selection label is on about 160 items carried by Lidl. “We wanted each product to look individual and to stand out from the market,” Proctor said.