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U.S. District Judge John A. Gibney Jr. has denied The Kroger Co.’s request for a preliminary injunction against Lidl that would’ve prohibited the German retailer from using “Preferred Selection” for its store brand products.
Kroger contends that Lidl copied the Cincinnati-based retailer’s Private Selection store brand and infringed on its trademark in launching Preferred Selection.
“I think the public interest lies in competition,” said Gibney, according to an article in the Richmond (Va.) Times-Dispatch.
Acknowledging that the logos look “somewhat alike,” Gibney noted, “I don’t find that they have an identical or similar meaning.” The words “private” and “preferred” have different meanings, he pointed out.
The case is set for a bench trial on Jan. 11, 2018.