Thelen Scores Victory In Ninth Circuit For Albertsons In Trademark Case

SAN FRANCISCO (September 7, 2007)óThe Ninth Circuit Court of Appeals has affirmed a preliminary injunction order in favor of Thelen client Albertsons Inc. against local supermarket chain, Grocery Outlet.

At issue is whether Albertsons "abandoned" the "LUCKY" trademark within the meaning of the Lanham Act, when, in 1999, it acquired California-based Lucky Stores, Inc., and thereafter changed the name on all of the existing LUCKY stores to ALBERTSONS.

In affirming the entry of a preliminary injunction, the Ninth Circuit found that Judge Jeffrey S. White of the U.S. District Court for the Northern District of California did not abuse his discretion in granting Albertsons' request for preliminary injunctive relief and denying Grocery Outlet's cross-motion for the same relief. The case now returns to Judge White for further proceedings.

Thelen IP Litigation attorneys Robert Weikert, Veronica Devitt, Marlene Williams, and John Chatowski...