header-logo header-logo

09 November 2022
Issue: 8002 / Categories: Legal News , Intellectual property
printer mail-detail

Tesco & Lidl go head to head on trade mark

Trade mark owners who are not using their mark may need to do more than simply filing and refiling in order to hang onto their rights, following Lidl Great Britain Ltd v Tesco Stores Ltd [2022] EWCA Civ 1433.

The dispute concerned Tesco’s Clubcard Prices loyalty discount scheme, which uses a yellow circle on a blue square with the words ‘Clubcard Prices’. Lidl claimed it was too similar to the background to its logo, a wordless blue square and yellow circle with a thin red border. Tesco denied this and counterclaimed for invalidity of Lidl’s registration which is not used in the UK in its registered form, on grounds of bad faith filing.

Overturning the High Court, the Court of Appeal allowed Tesco’s allegations to proceed.

Richard Kempner, partner at HLK, who represented Tesco, said: ‘Tesco has been permitted to continue to argue at trial that a wordless version of Lidl’s logo was periodically filed and refiled by Lidl in bad faith’.

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll