VOL. 125 | NO. 48 | Thursday, March 11, 2010
Dollar General Sues Rival Fred’s Over Colors
SHEILA BURKE | Associated Press Writer
NASHVILLE (AP) – Dollar General Corp. has filed a federal lawsuit against rival discount chain Fred’s Inc., claiming the smaller company is using its trademark yellow and black colors in a new advertising campaign.
The lawsuit says the only explanation for Fred’s moving away from a traditional blue-green color combination in its advertising is an intent to capture Dollar General’s brand awareness.
E-mail and phone messages left for a spokesman for Fred’s were not returned.
Dollar General places a high value on that black and yellow color combination, calling the color scheme in the lawsuit “most sacred” to its image as providing everyday discounts.
In the lawsuit, the company is claiming violation of intellectual property rights, false advertising, unfair competition and violation of trademark and trade dress. The suit also claims Fred’s is engaging in unfair competition and is in violation of Tennessee’s Consumer Protection Act.
The company is asking a federal judge to order Fred’s to stop using its trademark colors and typography.
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