Sky News quotes Charlotte Duly on Lidl’s trademark win against Tesco
Lidl has won a trademark lawsuit against Tesco over its use of a yellow circle in its branding.
Tesco may now have to stop using a blue and yellow logo, designed to promote its Clubcard loyalty scheme, after the High Court found it had copied a design by Lidl.
The judge found Tesco had infringed Lidl’s trademark and was guilty of “passing off” in misleading shoppers into thinking that products under the Clubcard Prices scheme are offered at the same or lower prices as those in Lidl.
Charlotte Duly, Partner and Head of Brand Protection, comments for Sky News:
“A yellow circle on a blue background has spawned a multi-million pound intellectual property dispute, highlighting the enormous value companies see in their branding. Lidl relied on survey evidence to show consumer perception of their wordless logo. Tesco objected to this, and whilst undertaking a survey that complies with the requirements set down in case law can be difficult and onerous leading to an increase in costs for both parties, the survey was admitted into the proceedings.
Lidl has won as the court agrees that Tesco has taken unfair advantage of the reputation in Lidl’s logos, even if this was not deliberate - a landmark decision between two major brands.
From both a general interest perspective and a legal point of view, there are a number of very interesting issues raised in this case and it will be interesting to see whether this judgment triggers more cases of this kind. This trial has been hugely significant for IP lawyers, those in the retail trade and members of the public at large.”
Read the full article in Sky News here.