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Round one to Lidl US in trademark dispute

A judge in Richmond early this week denied Kroger's request to stop Lidl from using the “Preferred Selection” logo, reported the Richmond Times-Dispatch. U.S. District Judge John A. Gibney Jr. made the call “after a day of testimony in which both sides presented expert witnesses who surveyed consumers to gauge confusion over the product logos … and set the case for a bench trial Jan. 11.” According to the report, Kroger officials made Lidl aware of their concerns about the similarity of the logos last year when Lidl filed its trademark application. (Richmond Times-Dispatch)

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Can Kroger regroup by Q2?

Kroger is piloting a collection of Prep+Pared meal kits in its Cincinnati stores that is performing extremely well, according to chairman and CEO Rodney McMullen.

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Lidl US attorneys respond to Kroger's private brands logo lawsuit

Attorneys for Lidl US have responded to Kroger’s lawsuit, filed June 30 in the U.S. District Court for the Eastern District of Virginia, reported the Richmond Times-Dispatch. Kroger alleges that Lidl’s “Preferred Selection” own brand label is infringing on its trademarked own brand “Private Selection” label. “Grocery giant Kroger does not have the right to preclude others from using generic terms in connection with any good or service.… Lidl denies that its use of Preferred Selection is likely to cause confusion, likely to cause dilution or constitutes unfair competition,” Lidl attorneys were quoted as saying, adding that “[Lidl] acted in good faith when it chose its Preferred Selection logo and that Kroger has not suffered any harm.” (Richmond Times-Dispatch)