Stop & Shop Drops Lawsuit Against Whole Foods Market

Posted on by Chief Marketer Staff

The Stop & Shop Supermarket Co. has withdrawn a trademark infringement lawsuit it had pending against rival Whole Foods Market after reaching an agreement.

The news comes less than two months after Stop & Shop sued Whole Foods Market in U.S. District Court in Boston claiming the company violated its trademark and stole its marketing campaign.

At issue was Whole Foods Market’s “The Real Deal” advertising campaign. Stop & Shop claimed that weeks after it launched its campaign, which offers money saving tips, Whole Foods Market started a similar effort, “The Real Deal” to promote its own cost-saving program.

“The dispute has been resolved amicably,” Stop & Shop spokesman Robert Keane said yesterday. “Whole Foods has agreed to cease using the ‘Real Deal’ marks.”

A Whole Foods Market spokesperson could not be reached for comment.

The lawsuit, which was filed July 22, also stated that Whole Foods’ in-store signage, which reads “Real Steal” on its bargain items, would cause confusion for shoppers. It asked Whole Foods to stop using its “Real Deal” promotion.

Whole Foods has since renamed its program, “The Whole Deal,” according to The Patriot Ledger. That same messaging is also being communicated in-store and in fliers, the report said.

Meanwhile, Stop & Shop and Giant Food are moving forward with a major rebranding effort, which gives the stores the same logo. The stores are celebrating by giving away free groceries for a year at www.StopandShop.com and www.GiantFoods.com through Nov. 21. To sign up, people must enter their frequent shopper card identification number. Two grand-prize winners will be named each week.

The companies are divisions of international supermarket operator Ahold in the Netherlands. The firms unveiled a new store logo design last month to kick off the campaign.

In-store signage and TV spots support the effort.

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