SAN FRANCISCO — An appeals court in the scrum over the Lucky banner controversy has affirmed a preliminary injunction in favor of Albertsons, lawyers for Albertsons said Monday. The ruling found that a U.S. District Court judge did not abuse his discretion in allowing Albertsons’ claim for injunctive relief and denying Grocery Outlet’s cross-claim for the same relief. Grocery Outlet, Berkley, Calif., opted in 2005 to use the Lucky name on a single store in Rocklin, Calif., after its attorneys argued Albertsons had abandoned the right to the name by not using it for six years. Albertsons has since sold its stores to Modesto-based Save Mart, which is rebranding some locations as Lucky stores. The case now returns to the district judge, Jeffrey S. White, for further proceedings.
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