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Plenty of knives and forks to go around here

US-based food delivery service, Grubhub, has overcome an application in a US Appeals Court filed by retail company, Kroger, to prevent Grubhub from using its knife and fork logo.

Kroger, owner of meal-kit service Home Chef, alleged that Grubhub’s logo infringes the Home Chef trade mark, which also features a knife and fork, and alleged that the Grubhub’s use of its logo would cause customer confusion.

Just East Takeaway rebranded Grubhub’s logo as part of its takeover of the food delivery service back in 2021. Just Eat altered the logo to match its own logo which features a silhouette of a house with a knife and fork in the centre. That rebranding resulted in Home Chef sending a cease and desist letter to Grubhub on the grounds of trade mark infringement.

Grubhub subsequently sought a declaration from a Chicago Federal Court that it did not infringe the Home Chef trade mark, to which Home Chef responded by applying for a preliminary injunction to prevent Grubhub from using the logo. The Judge ruled in favour of Grubhub and refused to grant the preliminary injunction, a decision which was ultimately upheld in the Appeals Court.

Home Chef’s response to the latest development in this battle is to be seen.

If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.

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