Save Mart challenged over use of Lucky brand
BERKELEY, Calif. Save Mart's decision to ignore the case pending in the 9th Circuit Court of Appeals and open 70 stores under the Lucky name has prompted Grocery Outlet to reiterate its position regarding the name's ownership.
"Grocery Outlet will not abandon our right to the Lucky name," said Eric Lindberg, Grocery Outlet co-ceo. "We will respect the court and wait for the final decision before we proceed with our own plans to open Lucky stores."
Early in 2006, Grocery Outlet 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 believes that Albertsons abandoned the Lucky mark when it took the mark off all its stores in 1999, citing a press release issued by Save Mart Supermarkets, which said that Albertsons "rebranded the stores and retired the name in 1999." As a result, Grocery Outlet believes Albertsons ownership of the mark ended at that time. It didn't have the right to sell the Lucky mark to anyone, including Save Mart.
According to the company, Grocery Outlet became the first company to use the Lucky mark after Albertsons' abandonment, when it opened its first Lucky store on April 1, 2006 in Rocklin, Calif. The Lucky sign has since been removed from the Rocklin store by court order, pending further court proceedings.
Earlier this week, Save Mart announced that it plans to convert 72 Albertson's stores in the San Francisco Bay Area to the Lucky brand.