Kroger and Lidl Mutually Close Private Label Lawsuit

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Mon. September 11th, 2017 - by Melissa De Leon Chavez

RICHMOND, VA - We will not see Kroger and Lidl go head to head in court next year; the retailers announced a mutual decision to dismiss a private label lawsuit opened in June.

Will Harwood, Communications Manager, Lidl US“The case has been dismissed," Will Harwood, Lidl US’ Communications Manager, said in an e-mailed statement to the Richmond Times-Dispatch. "Lidl’s launch in the United States has been a great success so far. We look forward to more store openings, and are pleased to continue to offer our customers Lidl’s Preferred Selection, which was recently awarded by the editors of Store Brands the Top Innovation Award of 2017."

Kroger filed the suit at the end of June on the grounds that Lidl’s private-label brand "Preferred Selection" bore too close a resemblance to its "Private Selection" private label.

After hearing testimony from both sides, U.S. District Judge John A. Gibney Jr. later denied a request from Kroger to place a preliminary injunction on Lidl’s Preferred Selection. At the time of his decision, the judge set a bench trial date for Jan. 11, 2018.

On Sept. 7, the two retailers filed a joint stipulation of dismissal in the U.S. District Court for the Eastern District of Virginia in Richmond, the report noted, with both sides agreeing it cannot be re-filed and that they would both bear their own respective fees and costs.

Lidl's Preferred Selection store brand chocolate on left and Kroger's Private Selection store brand chocolate on right. DANIEL SANGJIB MIN/TIMES-DISPATCH

News sources did not report any comment from Kroger on the closure of the case.

As both retailers continue to reveal evolving strategies for growth in the U.S., AndNowUKnow will continue to update the produce industry on the latest.

Kroger Lidl US