Kroger Trademark Lawsuit Against Lidl Dismissed With Prejudice

The Kroger and Lidl private brand lawsuit is not going forward, according to legal documents filed on Thursday. In June, Kroger sued Lidl claiming an alleged trademark infringement and unfair competition stemming from the believed similarities between Kroger’s Private Selection and Lidl Preferred Selection.

The two stores agreed to dismiss the lawsuit with prejudice. This means that the case is permanently over and Kroger cannot come back and refile a similar case in the future and each side will pay its own legal fees and costs

The lawsuit, filed June 30, 2017, claims, “By purposely targeting Kroger’s Private Selection mark, Lidl’s new U.S. stores unfairly and quickly acquire immediate legitimacy and customer trust, both of which would take years to build if Lidl’s products were sold under a unique brand rather than one that mimics Kroger’s.”

In July, the judge denied Cincinnati based Kroger’s request to stop Lidl from selling Preferred Selection. At the time, U.S. District Judge John A. Gibney Jr. indicated in his July 25 ruling that although the brand logos look alike, they “don’t have an identical or similar meaning.”

It is unclear what impact the decision will have on either of the brands.

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Christopher Durham
Christopher Durham is the president of My Private Brand and the co-founder of The Vertex Awards. He is a strategist, author, consultant and retailer who built brands at Delhaize-owned Food Lion, and lead strategy and brand development for Lowe’s Home Improvement. He has consulted with retailers around the world on their private brand portfolios including: Family Dollar, Petco, Staples, Office Depot, Best Buy, Metro (Canada), TLW (Taiwan) and Hola (Taiwan). Durham has published five definitive books on private brands, including his first book, Fifty2: The My Private Brand Project. In 2017, he will debut his newest book, Vanguard: Vintage Originals, a visual tour of innovation and disruption in private brand going back to the mid-1800’s. Dynamic in his presentation while down to earth and frank in his opinions, he has presented at numerous conferences, including FUSE, The Dieline Conference, Packaging that Sells, Omnishopper and PLMA’a annual trade show in Chicago. Durham lives in Charlotte, NC with his wife, Laraine, and two daughters, Olivia and Sarah.