WASHINGTON, June 10 Reuters The U.S. Supreme Court declined on Monday to consider supermarket chain Kroger39;s request to block Grubhub39;s use of the fooddelivery company39;s forkandknife logo based on allegations that it would cause confusion with the Kroger mealkit service Home Chef39;s logo.

The justices turned away Kroger39;s appeal of a lower court39;s ruling that Grubhub39;s logo was not similar enough to Home Chef39;s to justify granting an injunction prohibiting its use due to alleged marketplace confusion. Grubhub is a subsidiary of Netherlandsbased Just Eat Takeaway.com.

Just Eat Takeaway.com changed Grubhub39;s logo to resemble its own logo, a silhouette of a house with a fork and knife in the center, after buying the Chicagobased company in 2021.

Cincinnatiheadquartered Kroger, the biggest grocer in the United States by revenue, sent Grubhub a ceaseanddesist letter based on Home Chef39;s logo, which also features a fork and knife inside of a house silhouette.

Grubhub sued in Illinois federal court later in 2021, seeking a declaration that it did not violate Kroger39;s trademark rights. Kroger responded with a request for a preliminary injunction against Grubhub using its new logo.

A magistrate judge said consumer confusion was likely enough to justify an injunction against Grubhub, but U.S. District Judge Charles Norgle disagreed and rejected Kroger39;s request. The Chicagobased 7th U.S. Circuit Court of Appeals affirmed Norgle39;s decision last year….