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.