Grubhub Beats Injunction in Trademark Battle With Kroger Co. (1)

Kroger Co. will appeal a US judge’s decision denying the grocer’s preliminary injunction request in a trademark dispute with the food delivery service Grubhub Inc.

Judge Charles R. Norgle on Wednesday rejected a magistrate judge’s recommendation that the court grant the injunction against Grubhub because its logo is confusingly similar to Home Chef, a meal kit delivery service owned by Kroger.

Norgle, writing for the US District Court for the Northern District of Illinois, found that “the most important factors in the likelihood of confusion analysis — similarity, intent, and actual confusion — all favor Grubhub.”

Kroger appealed the ruling ...