Counsel for Kroger expressed disappointment at the Supreme Court’s decision not to grant the company’s petition. “We take this opportunity, however, to wish future litigants well in their quest to protect their marks, no matter which likelihood of confusion factors are chosen to be applied by the courts,” said William P. Atkins of Pillsbury Winthrop Shaw Pittman LLP. “We will now move forward with the litigation against Grubhub and its parent company, in the Northern District of Illinois.”
Meanwhile, counsel for Grubhub applauded the justices’ decision to deny certiorari. “We’re pleased with this denial of certiorari so we can finally move forward with this case and obtain a court order dismissing it once and for all,” said David H. Bernstein of Debevoise & Plimpton LLP. “In the years since Grubhub adopted its parent company’s logo, and despite hundreds of millions of deliveries and consumer interactions, Grubhub has seen no evidence of confusion, which is hardly surprising. Grubhub looks forward to continuing to serve its customers nationwide with its distinct and unique logo.”
Looking Ahead
Kroger is represented by William P. Atkins of Pillsbury Winthrop Shaw Pittman LLP, while Grubhub is represented by David H. Bernstein of Debevoise & Plimpton LLP and Isaac Colunga of Ice Miller LLP. As the case continues in the Northern District of Illinois, both parties are preparing for the next stages of litigation in the Kroger logo copyright lawsuit.
