A few weeks ago, Indiana Parley noted that Marsh and The Fresh Market were locked in a trademark dispute:
[...]the Northern Indiana District Federal Court sitting in South Bend has denied a request for a preliminary injunction sought by The Fresh Market in its trademark infringement battle with Marsh Supermarkets over the store branded "Arthur's Fresh Market."
The Fresh Market operates a store at Covington Plaza in Fort Wayne as well as a store in the Indianapolis market. It is planning an additional store in Indianapolis within the year. The first Arthur's Fresh Market was opened in Syracuse, Indiana. Marsh also operates Arthur's Fresh Market in the Indianapolis metro area.
This week, the Greater Fort Wayne Business Weekly reports the results of the case:
Marsh Supermarkets, Indianapolis, has won a trademark challenge by a North Carolina-based food store chain, The Fresh Market.
The company was denied its request for an injunction to stop a Marsh division, Arthur’s Fresh Market, from using that name. The court ruled that the two marks were significantly different and that the words “fresh market” were descriptive and therefore not entitled to sweeping protection.
RELATED: Indiana Law Blog on the case
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