Federal Court Rules in Favor of Marsh in Trademark Dispute

The Fresh Market had requested a preliminary injunction against Arthur's Fresh Market charging that consumers would be confused by the trademarks. The court cited that the two trademarks are significantly different.

The Fresh Market has stores in Carmel and Fort Wayne.

Source: Inside INdiana Business

Press Release

(Indianapolis, Ind. – October 24, 2005) — A federal court in South Bend, Indiana, concluded on October 18, that the Arthur’s Fresh Market, a separately operated division of Marsh Supermarkets, Inc., does not violate the The Fresh Market trademark. Earlier this year, North Carolina-based The Fresh Market requested a preliminary injunction that Arthur’s Fresh Market be required to cease using its trademark, alleging consumer confusion between the Arthur’s Fresh Market mark and the The Fresh Market trademark.

The Court stated that The Fresh Market failed to prove a likelihood of success on the merits of consumer confusion regarding the two trademarks. The Court cited first that the two marks are significantly different, with the Arthur’s Fresh Market trademark focusing on the word “Arthur’s.” The Court also noted that The Fresh Market trademark is descriptive and therefore “weak and not entitled to broad sweeping protection.”

Arthur’s Fresh Market was represented by Dan Lueders and Charles Meyer of Indianapolis-based Woodard, Emhardt, Moriarty, McNett & Henry LLP. The Fresh Market was represented by Finnegan, Henderson, et al., the largest intellectual property firm in the country, based in Washington, D.C. Charles Meyer stated, “The combination of the adjective ‘fresh’ and the noun ‘market’ is a descriptive term much like the word ‘grocery’. Such a commonly used term does not warrant trademark protection.” Mr. Meyer noted that, beyond the descriptive phrasing, the two brands present substantially different commercial impressions, and the public is smart enough to know the difference.

Marsh’s Executive Vice President, Arthur Marsh, who testified at the hearing, explained that this is another example of innovative services delivered with high quality. “The Arthur’s Fresh Market concept is an extension of our focus on ‘fresh’. A constant stream of new ideas and customer-driven initiatives has enabled Marsh to remain competitive for nearly 75 years,” he stated.

Founded in 1931, Marsh is a leading regional grocery chain, operating 69 Marsh ® Supermarkets, 38 LoBill Foods® stores,8 O'Malia ® Food Markets, 161 Village Pantry® convenience stores, 2 Arthur's Fresh Market®, and 1 Savin$ SM store. The company also operates Crystal Food Services SM, Primo SM Banquet Catering and Conference Centers, Floral Fashions®, McNamara® Florist and Enflora® Flowers for Business.

Founded in 1879, Woodard, Emhardt, Moriarty, McNett & Henry LLP is Indiana’s oldest patent and trademark law firm. The Firm focuses exclusively on patent, trademark and copyright law.

Source: Woodard, Emhardt, Moriarty, McNett & Henry