Kroger filed a lawsuit against Lidl last month, claiming that in its new U.S. stores, Lidl, copied its Private Selection private label and was profiting from consumer confusion between the similar-sounding and similar-looking packages. In the lawsuit, Kroger sought a preliminary injunction that would prevent Lidl from selling its Preferred Selection products, as well as monetary damages.

After listening to testimony earlier this week from both parties, a judge ruled that the lawsuit would go to trial early next year, and that in the meantime, Lidl could continue offering its private label products.

In response to the suit, Lidl has argued that other Kroger competitors – including Safeway and Aldi – also incorporate versions of the word “Select” in their brands.

“The packaging, logo, and branding of the Lidl versions of these products – including pasta sauce, jam, ice cream, pizza, and cookies – is often more distinct from the Kroger offering than several of Kroger’s other competitors,” claimed a Lidl spokesperson.