Tesco v Lidl [2023] EWHC 873 (Ch)
Lidl brought trade mark infringement, passing off and copyright infringement claims against Tesco. The complaint concerned Tesco’s blue and yellow Clubcard Prices symbol, which was said to infringe Lidl’s logo. Tesco counterclaimed for revocation and invalidity of Lidl’s registrations of their logo without the word LIDL on it. On Tesco’s counterclaim, the court partially revoked the wordless marks and upheld the allegation of bad faith registration in respect of them. The court held that Lidl’s trade marks with text were infringed, and that passing off and copyright infringement were established. The case contains notable discussions of the law on unfair advantage and bad faith registration.
Benet Brandreth KC acted for Lidl and Hugo Cuddigan KC acted for Tesco.