WRAL SmartShopper

WRAL SmartShopper

Kroger lawsuit against Lidl dismissed

Posted September 8

The Kroger and Lidl private label lawsuit is not going forward, according to legal documents filed on Thursday.

The two stores agreed to dismiss the lawsuit with prejudice. This means that "the case is permanently over and Kroger cannot come back and refile a similar case in the future. Each side will pay its own legal fees and costs," according to

At this time, we do not know if Lidl will be making any changes to their products.

Back in June 2017, Kroger sued Lidl because of alleged trademark infringement and unfair competition.

Kroger claimed that their store brand label, Private Selection, is too similar to the Lidl Preferred Selection label.

The lawsuit, filed June 30, 2017 claims, “By purposely targeting Kroger’s Private Selection mark, Lidl’s new U.S. stores unfairly and quickly acquire 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.”

But in July, a judge denied Kroger's request that Lidl stop selling their Preferred Selection private brand. According to the 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 “don’t have an identical or similar meaning.”

A trial date was set for January 2018, but the two stores have come to an agreement and requested that the lawsuit be dismissed on September 7.

We'll just have to wait and see if Lidl will be making changes to their label per the agreement. Until then, shoppers can enjoy good deals at both stores every week, regardless of the label on the package.


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