23 February 2024

The supermarket battle continues: Tesco and Lidl clash in UK Court of Appeal

A three-day hearing began on Monday 19th February to address an appeal against the initial judgment which concluded that Tesco had infringed Lidl’s trade marks and copyright. Additionally, Lidl has appealed the decision to revoke one of its trade marks.

The Court of Appeal is tasked with determining whether the High Court’s finding that Tesco’s ‘Clubcard Prices’ logo infringed upon Lidl’s logo, both featuring a yellow circle within a blue square (Fig.1), was correct.

Figure 1.

This case covers a range of intellectual property rights, including passing off, trade marks, and copyright. The anticipated decision of the Court is expected to provide clarity on various aspects, notably claims of ‘evergreening’ and issues of bad faith.

Should Tesco’s appeal prove unsuccessful, it will be required to remove the Clubcard logo which has become very familiar across its stores.

As the hearing has now concluded, we eagerly await the decision.

See our previous coverage of the case here.

Tanya Rahman
Trainee Trade Mark Attorney