In a recent development in the ongoing legal conflict between one of the country’s largest delivery companies and grocery powerhouses, the Seventh Circuit Court has upheld a decision favoring Grubhub Inc. This Tuesday, the court concluded that Grubhub’s use of its fork-and-knife logo does not infringe on any established trademarks held by Kroger unit, Home Chef.
The battle over the logo’s likeness bubbled up when Kroger’s Home Chef division contested Grubhub’s right to use their emblematic cutlery design, arguing it was too similar in appearance and thus causing a confusion among consumers. However, district court initially sided with Grubhub, adjudicating that Home Chef’s case was not likely to succeed on its merits.
The Seventh Circuit has now voiced its agreement with the previous ruling. The bench concluded that, in this instance, no clear error was made by the judiciary in the lower court. This decision ultimately permits Grubhub to continue using its characteristic fork-and-knife logo amidst the ongoing legal skirmish with their trademar lite adversary, Kroger’s home meal unit. The court’s order didn’t elucidate much on its deciding factors, nor a detailed explanation of the legal rationale behind the ruling.
The exhaustive reporting and insights into the case can be explored on Law360‘s site. However, it should be noted that the legal aspect of trademarks, especially as they relate to entities as vast as these corporations can be a complex process, involving numerous factors that extend beyond simplistic comparisons of logo aesthetics.