Lucky’s in ‘congenial’ talks in case of trademark infringement

Lucky’s Market, a specialty store based in Boulder, Colorado told Supermarket News (SN) that it was in “congenial talks” with Albertsons LLC to resolve a trademark infringement case over use of the Lucky name and logo. A lawsuit was filed against Lucky’s Market by Albertsons and Save Mart, desiring to prevent the retailer from using the name owing to potential for consumer confusion with the Lucky Supermarkets name owned by Albertsons and licenced to Save Mart, which runs stores under that banner in both Nevada and California.

In a statement provided to SN, Lucky’s president Bo Sharon told that he was optimistic that the groups would come out with a mutually advantageous agreement in a few weeks. The dispute comes about five years after Albertsons won the right to use the Lucky Stores name after a fight in the court with West Coast discounter Grocery Outlet.

In 2006, California based Grocery Outlet, Berkeley had placed the name Lucky on one of its stores claiming that Albertsons had abandoned the trademark after changing over former Lucky stores to the Albertsons banner in 1999.

However, in 2007, Modesto, California-based Save Mart acquired 130 Albertsons stores in Northern California and rebranded more than half of them with the Lucky banner through an understanding with Supervalu, which owned Albertsons at the time.

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