'Lucky' for Grocery Outlet, Judge Denies Albertons' Restraining Order

BERKELY, Calif. -- A federal Judge of the Ninth circuit court yesterday denied Boise, Idaho-based supermarket chain Albertsons' request for a temporary restraining order against Grocery Outlet's use of the Lucky brand, paving the way for Grocery Outlet's plans to open future stores under the once-popular banner.

Grocery Outlet opened a new format store Saturday under the Lucky name, which was owned by Albertsons when it bought Lucky's parent American Stores. Albertsons dropped the banner when it rebranded the stores under the Albertsons name in 1999. (See story:http://www.progressivegrocer.com/progressivegrocer/magazine/article_display.jsp?vnu_content_id=1002276072 )

Grocery Outlet had filed suit against Albertsons last week in U.S. District Court in San Francisco, seeking a declaratory ruling that Albertsons had abandoned the Lucky trademark. Albertsons responded by suing Grocery Outlet, seeking a temporary restraining order against the Berkeley retailer's use of the Lucky trademark.

Grocery Outlet v.p. of marketing Jon Wylie told Progressive Grocer that in the judge's opinion, Albertsons failed to carry its burden legally or factually. "Albertsons did in fact abandon the lucky name, and Grocery Outlet has it," Wilie said.
-- Joseph Tarnowski