September 07, 2007
FOR IMMEDIATE RELEASE
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SAN FRANCISCO (September 7, 2007)-The 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 are leading the trial team for Albertsons.
For more information, contact:
Kevin Livingston
National Manager of Public Relations
Thelen LLP
415.369.7224
klivingston@thelen.com
About Thelen LLP
Thelen LLP is an international law firm with approximately 600 attorneys, and offices in New York, San Francisco, Washington, DC, Los Angeles, Silicon Valley, Hartford, Northern New Jersey, Shanghai, and London. The firm provides superior legal services in complex commercial litigation; corporate and capital markets transactions; project and asset finance; construction; labor and employment; intellectual property; information technology; domestic and international tax; employee benefits; government affairs; and real estate.
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