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Business Insider reports that a federal judge has ruled against Kroger's request that it stop Lidl from selling products under its "Preferred Selection" private label, which Kroger said mimicked its own Private Selection" brand.

The judge said that while the labels were "somewhat alike," there is a difference between "preferred" and "private." The judge scheduled a bench trial to begin on January 11.

The story says that Kroger "filed its lawsuit against Lidl a couple weeks after the German chain, which has 10,000 stores globally, opened its first US stores. Lidl is planning to open 100 stores along the East Coast by next summer. The two chains are expected to compete fiercely on prices, with Lidl promising to offer prices of up to 30% below its competitors."
KC's View:
In the end, Kroger will depend on its ability to compete in-store, not on what happens in the courtroom. The folks at Kroger know that ... and I suspect that the lawsuit is just to demonstrate that it is willing to play hardball and fight for every inch of competitive advantage.