The U.S. Court of Appeals for the Seventh Circuit delivered an early victory to Grubhub Inc. and Takeaway.com Central Core V.B. (“Grubhub”) by denying Relish Labs LLC’s and The Kroger Co.’s (“Home Chef”) request for a preliminary injunction against Grubhub’s alleged trademark infringement. Although Home Chef convinced a magistrate judge it was likely to succeed on the merits, the district court disagreed and rejected the magistrate’s recommendation. The Seventh Circuit affirmed, holding that the district court did not abuse its discretion in finding that Home Chef was unlikely to prove infringement, despite acknowledging that Home Chef was entitled to a presumption of irreparable harm under the Trademark Modernization Act, 15 U.S.C. § 1116(a).
