WASHINGTON, June 10 (Reuters) – The U.S. Supreme Court declined on Monday to consider supermarket chain Kroger’s (KR.N), opens new tab request to block Grubhub’s use of the food-delivery company’s fork-and-knife logo based on allegations that it would cause confusion with the Kroger meal-kit service Home Chef’s logo.

The justices turned away Kroger’s appeal of a lower court’s ruling that Grubhub’s logo was not similar enough to Home Chef’s to justify granting an injunction prohibiting its use due to alleged marketplace confusion.