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BERKELEY, Calif.- The co-c.e.o. of Grocery Outlet here said yesterday that his company "will not abandon our right to the Lucky name," despite the fact that Save Mart said earlier this week it would open 70 stores under the same banner.
Grocery Outlet executives claimed Save Mart's strategy ignores a case pending in the 9th Circuit Court of Appeals regarding which company has the right to use the banner.
"We will respect the court and wait for the final decision before we proceed with our own plans to open LUCKY stores," said Eric Lindberg, Grocery Outlet co-c.e.o.
"We believe we will prevail at trial," said Lindberg. "Should we win, of course we would require all infringing uses to stop."
Early in 2006, Grocery Outlet had filed a trademark application for the use of the Lucky name, based on a belief that the mark had been abandoned. Grocery Outlet sued Albertsons in March 2006 over the right to use the LUCKY trademark on grocery stores. That case is currently pending before the 9th U.S. Circuit Court of Appeals.
Grocery Outlet became the first resurrect the Lucky banner after Albertsons had let it lie fallow, when it opened its first Lucky store on April 1, 2006 in Rocklin, CA. The LUCKY sign has since been removed from the Rocklin store by court order, pending further court proceedings.
"It is Grocery Outlet that owns the LUCKY mark," said Lindberg.