Many companies in California and across the country work hard to create a recognizable brand. As part of that brand recognition, they often create a trademark that they hope will be easily connected to the company. In order to protect their brand, some companies find themselves in a position of being forced to turn to litigation in order to protect their trade and service marks from copyright infringement.
Such appears to the be case between two grocery stores, Kroger and Lidl. In a recently filed lawsuit, Kroger claims that Lidl’s “Preferred Selection” logo is similar to Kroger’s “Private Selection” logo in both design and look. Lidl has only recently begun doing business in this country, opening its first stores in the United States in mid-June.
In court papers, Kroger claims that the similarities in logos could cause confusion between the brands and creates unfair competition. The company has asked for an injunction that would immediately stop Lidl from using the logo; a hearing on that request will be held in late July. Lidl has requested a reasonable amount of time to respond to Kroger’s request as an injunction would cause significant financial harm to the business.
As many companies struggle to create a brand that is associated with quality and is highly recognizable, it is often in their best interest to take measures to protect their efforts. Unfortunately, cases involving allegations of infringement can be complex, requiring someone with legal experience to help a party fully understand the parameters of a case. As a result, those in California considering litigation often hire an attorney to guide them through the process.
Source: roanoke.com, “Kroger files lawsuit against Lidl accusing German chain of copying its private label look“, Tammie Smith, July 6, 2017