Supermarket Wars: Stop & Shop vs Whole Foods

Supermarket WarsStop & Shop launched "The Real Deal" advertising campaign in mid-June featuring promotional programs to identify ways for consumers to save money as the costs of gas, food, and other products continue to rise. Not 3 weeks later, Whole Foods Market Inc began using "The Real Deal" trademark in its marketing campaign: on a blog where staff and customers post money-saving tips and through weekly value-shopping tours showing customers how to shop economically. Whole Foods also had in-store signs, labeled "Real Steal," identifying specially priced items.

Stop & Shop's lawyers claim that the use of "The Real Deal" and "Real Steal" phrases is virtually identical to Stop & Shop's use of its "Real Deal" trademark, and is likely to confuse consumers. In its suit, they say Whole Foods is attempting to capitalize on Stop & Shop's reputation for value as Whole Foods "tries to shed its longstanding reputation for high prices that has earned it the nickname Whole Paycheck." (ouch - them's fighting words). It asks the court to order Whole Foods to shut down its Real Deal blog and destroy all signs, labels, prints, packages, wrappers, receptacles, brochures, and advertisements bearing the Real Deal mark.

Stop & Shop aren't playing around. The companies are now in settlement talks, but by July 29th, Whole Foods ditched "The Real Deal" as the name for the campaign and the Real Deal website is no more. "The Whole Deal" appears to be their new slogan, but the link to The Whole Deal website isn't working even though it was linked to on their blog. So I'm still not sure what the deal is.

Sources: Boston.com and Statesman.com

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