Grubhub fends off Kroger bid to block use of fork-and-knife logo
22:51 13/09/2023
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Kroger's Home Chef and Grubhub both use fork and knife logos
Court said Home Chef's case not strong enough to block Grubhub's logo
(Adds Kroger comment in paragraph 3)
By Blake Brittain
Sept 13 (Reuters) - Kroger's meal-kit service Home Chef has failed to convince a U.S. appeals court to stop internet-based food delivery company Grubhub from using a fork-and-knife logo that Home Chef said would cause consumer confusion with its branding.
The 7th U.S. Circuit Court of Appeals on Tuesday upheld an Illinois federal court's decision that Home Chef's case was not strong enough to grant its preliminary-injunction request.
A Kroger spokesperson said on Wednesday that Home Chef disagrees with the decision and is considering its options.
A Grubhub spokesperson said on Wednesday that the company was pleased with the decision and looking forward to "putting this dispute behind us."
Netherlands-based Just Eat Takeaway.com changed Grubhub's logo to resemble its logo, a silhouette of a house with a fork and knife in the center, after buying the company in 2021. Home Chef sent Grubhub a cease-and-desist letter based on its own logo, which also features a fork and knife inside of a house silhouette.
Grubhub sued in federal court in Chicago later that year, seeking a declaration that it did not violate Home Chef's trademark rights. Home Chef responded with a motion to preliminarily ban Grubhub from using the logo.
A magistrate judge said consumer confusion was likely enough to justify the injunction, but U.S. District Judge Charles Norgle disagreed. The 7th Circuit affirmed Norgle's decision to deny the request on Tuesday.
"We do not see how a consumer interacting with the Grubhub House Logo could reasonably believe that she was engaging with Home Chef, particularly where the accused mark prominently features Grubhub's own brand name," U.S. Circuit Judge John Lee wrote for a unanimous three-judge panel.
The case is Grubhub Inc v. Relish Labs LLC, 7th U.S. Circuit Court of Appeals, No. 22-1950.