The Kroger Co. has ended its legal battle with German discount grocer Lidl over a brand name.

Cincinnati-based Kroger and Lidl, which is opening its first stores in the United States this summer, filed a joint stipulation of dismissal Sept. 7 in the U.S. District Court for the Eastern District of Virginia in Richmond, according to a story in the Richmond Times-Dispatch.

The case was dismissed with prejudice, meaning it cannot be refiled, according to the story. The companies also agreed to bear their own fees and costs.

The dismissal follows a July 25 ruling by Judge John Gibney denying a request by Kroger to stop Lidl from selling items under its Preferred Selection label, which Kroger argued is too similar to its Private Selection label. Gibney ruled that while the logos on the labels look “somewhat alike,” “private” and “preferred” have different definitions.

Kroger filed its lawsuit June 30, claiming Lidl was trying to benefit by causing confusion between its brand and Kroger’s, and that Lidl’s brand dilutes Kroger’s brand.

Lidl plans to open 100 stores on the East Coast by Summer 2018. Kroger, the nation’s largest supermarket chain, has almost 3,000 stores under several banners.