The lawsuit filed by Kroger against Lidl for alleged trademark infringement and unfair competition has been officially dismissed following an agreement between the two stores with prejudice prior to a request submitted to the court.
Although the case trial date was set for January 2018, a dismissal request was made on September 7. The condition of the dismissal is that the case is permanently over and Kroger cannot refile a similar lawsuit again, otherwise the company will attract a payment of its own legal fees and costs by both parties.
In the lawsuit filed, Kroger claimed that Lidl’s Preferred Selection label was too similar to their store brand label, Private Selection. Kroger also claimed that Lidl unfairly and quickly acquired 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.
According to report from Richmond-Times Dispatch, U.S. District Judge John A. Gibney Jr. indicated in his July 25 ruling that although the brand logos look alike, they have nothing identical.
At the time of this publication, there was no official word as to whether or not Lidl will be making any changes to their products.