HARRISBURG, Pa. — A federal judge approved an agreement Monday ending the trademark infringement battle 7-Eleven Inc. waged against Super 7 Food Mart LLC, a mom-and-pop York County convenience store.
The deal was reached less than a month after the Dallas-based convenience giant sued the Super-7 store. The court-approved agreement forbids local store owner Asfand Khan from using anything that even remotely resembles 7-Eleven’s well-known logo, The Patriot News reported.
In the U.S. Middle District Court suit, 7-Eleven claimed the standalone New Salem, Pa. store’s signage violated the 18 federal trademarks registered by the nationwide chain, which operates, franchises or licenses 10,500 convenience stores in North America and has used the 7-Eleven moniker since 1946.
Under the consent judgment, approved by Judge John E. Jones III, Super 7 Food Mart LLC is banned from using the Super-7 name and any signage that remotely resembles 7-Eleven’s trademarks. It also isn’t allowed to support any logo that “includes more than one of the colors red, orange, green or white.”
Additionally, the independent store, located at 11 N. Main St. in New Salem, is prohibited from doing anything that is “likely to dilute the distinctiveness” of 7-Eleven’s trademarks, and must surrender all of its Super-7 signage, labels, wrappers, receptacle and advertisements to 7-Eleven for destruction.
The consent judgement described 7-Eleven’s primary logo as featuring a “prominent Arabic numeral 7 displayed predominantly in the color red with a curved vertical shank intersected by a six-letter word displayed in contrasting block letters, with the aforesaid displayed within a white quadrilateral which tapers at the bottom and a surrounding border of contrasting color.”
The Super-7 store logo was described as “a multicolored logo comprising a prominent Arabic numeral 7 displayed in the color red with a curved vertical shank intersected by a five-letter word displayed in contrasting block letters, with the aforesaid displayed within a white quadrilateral which tapers at the bottom and a surrounding border of contrasting color.”
7-Eleven is known to take action against other retail stores using similar names and logos. In November, it sued a Baltimore convenience store that operated under the 7-Even name, as CSNews Online previously reported.