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Monday, October 24, 2005

Ind. Decisions - Federal Court Rules in Favor of Marsh in Trademark Dispute; Marsh puts Atlas project on hold [Updated]

"Federal Court Rules in Favor of Marsh in Trademark Dispute" is the headline to this entry on the Inside Indiana Business website. A quote:

A federal court in South Bend has ruled that Arthur's Fresh Market, owned by Indianapolis-based Marsh Supermarkets, does not violate The Fresh Market trademark.

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.

Inside Indiana Business sets out in full the press release of the law firm that represented Arthur’s Fresh Market: Woodard, Emhardt, Moriarty, McNett & Henry. Oddly, the firm's release does not identify the South Bend federal district court judge who issued the opinion.

I was, however, able to locate the opinion, The Fresh Market v. Marsh Supermarkets, dated Oct. 17, 2005, issued by Christopher A. Nuechterlein, United States Magistrate Judge.

In related news, Marsh Supermarkets announced today that their plan to replace the site of the locally beloved, but shuttered, Atlas Supermarket on North College, in the Indianapols' Meridian-Kessler neighborhood, with an Arthur's Fresh Market was "on hold". Channel 13 Eyewitness News reports the story under the headline "Marsh's change in plans upsets residents." The story concludes:

"It looks abandoned, and for us that's not good." [Doug] Lawson, who owns the Piano Merchant says worse yet, no one knows what's in store. "To say it's on hold, that doesn't do much for us. It doesn't help us. Is it on hold forever? Are they trying to sell? We don't know the answers." And right now Marsh is not providing those answers.
[Update 10/25/05] The Indianapolis Star this morning has a related story, in its business section. The headline, "Marsh shelves Broad Ripple plans: Firm not releasing details; grocery chain wins ruling over upscale stores' name."

Posted by Marcia Oddi on October 24, 2005 06:06 PM
Posted to Ind Fed D.Ct. Decisions