Stop & Shop: Whole Foods stole slogan
So who's got the real deal, Stop & Shop or Whole Foods?
Stop & Shop thinks it does.
In a lawsuit filed this week, the Quincy-based supermarket chain sued rival Whole Foods, accusing the high-end grocer of violating its trademark by using "The Real Deal" in its marketing efforts. According to the suit, filed in US District Court in Boston, Stop & Shop Supermarket Co. and its sister grocery chain, Giant Food, recently launched a Real Deal advertising campaign in stores and promotional programs to identify ways for consumers to save money as the costs of gas, food, and other products continue to rise.
Three weeks later, Stop & Shop alleges, Whole Foods Market Inc. began using "The Real Deal" trademark in a blog where staff and customers post money-saving tips, in a quarterly guide featuring specially priced items, and through weekly value-shopping tours which feature employees showing customers how to shop economically. Whole Foods also has in-store signs, labeled "Real Steal," identifying specially priced items.
"Whole Foods has developed a reputation for offering high-priced products," the suit says, "and, as Whole Foods has acknowledged, is often referred to by consumers as 'Whole Paycheck.' Upon information and belief, on July 17, 2008, Whole Foods launched a new marketing campaign aimed at combating its high-priced image."
Stop & Shop alleges Whole Foods improperly used its Real Deal slogan and that Real Steal is virtually identical, making it "likely to cause confusion, to cause mistake and to deceive consumers," according to the lawsuit.
It asks the court to order Whole Foods, based in Austin, Texas, to shut down its Real Deal blog and destroy all signs, labels, prints, packages, wrappers, receptacles, brochures, and advertisements bearing the Real Deal mark.
In a statement, Whole Foods spokeswoman Robin Rehfield said, "We have been contacted by Stop & Shop and are currently reviewing possible next steps."
Jenn Abelson can be reached at abelson@globe.com. 