Kroger drops lawsuit against Lidl

The trademark suit filed by Kroger against Lidl in July for allegedly copying its "Private Selection" generic brand name and logo has been dismissed. Both sides agreed earlier this month to dismiss the federal case with prejudice, which means the case can not be refiled.

Kroger had charged Lidl with violations of federal trademark and service mark infringement, unfair competition, dilution, and a violation of Virginia's Consumer Protection Act. The company was seeking damages of $75,000 and an order preventing Lidl from selling its "Preferred Selection" items.

It is believed that Kroger reconsidered its case when a judge ruled against the company's request for a preliminary injunction that would have prevented Lidl from using its own "Preferred Selection" logo. The judge ordered a jury trial and indicated that he was skeptical of Kroger's ability to prove its claims.

Kroger files suit against Lidl over private label concerns

Kroger filed a lawsuit against Lidl last month, claiming that in it's new U.S. stores, Lidl copied its Private Selection private label and was profiting from consumer confusion between the similar-sounding and similar-looking packages. In the lawsuit, Kroger sought a preliminary injunction that would prevent Lidl from selling its Preferred Selection products, as well as monetary damages.

After listening to testimony earlier this week from both parties, a judge ruled that the lawsuit would go to trial early next year, and that in the meantime, Lidl could continue offering its private label products.

In response to the suit, Lidl has argued that other Kroger competitors - including Safeway and Aldi - also incorporate versions of the word "Select" in their brands.

"The packaging, logo, and branding of the Lidl versions of these products - including pasta sauce, jam, ice cream, pizza, and cookies - is often more distinct from the Kroger offering than several of Kroger's other competitors," claimed a Lidl spokesperson.