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The expansion of Boulder, Colo.-based Lucky’s Market has been thwarted by a federal lawsuit filed by Albertsons LLC and Save Mart Supermarkets, citing trademark infringement, according to published reports.
Representatives of Albertsons and Save Mart filed the suit on Jan. 17 claiming that Lucky’s Market repurposed the logo licensed by Albertsons to Lucky’s Supermarkets, a banner of Save Mart that operates in Northern California.
According to the Daily Camera, a complaint filed in the U.S. District Court for the District of Montana Billings Division claims that the red Lucky’s logo is “virtually identical” to that of the logo licensed to Lucky’s Supermarkets, which, according to the complaint, “is likely to cause confusion as to the source of the goods and services it offers."
Lucky's Market, which expanded initially to the Midwest, and now to Montana where there is a store currently under construction, “is causing and will continue to cause [Albertsons] and its licensee Save Mart Supermarkets irreparable harm," the claim alleges.
A response to the complaint had yet to be filed as of Monday, according to the Daily Camera, and attorneys for Lucky's Market have until Feb. 21 to do so.
Lucky’s Market, which operates stores in Boulder and Longmont, Colo., Columbus, Ohio and Columbia, Mo., plans to open stores in St Louis, Mo., and Louisville, Ky., in 2014, in addition to the Billings location which is slated to open next month.