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09 November 2022
Issue: 8002 / Categories: Legal News , Intellectual property
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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

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
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