• insights-banner

    In the press

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.

Related Coverage:

Mail Online, Evening StandardPA Media

Our thinking

  • Radical reforms to fight economic crime: what should businesses do now?

    Rhys Novak


  • Q&A: Supreme Court finds for Danish tax authority

    Hugh Gunson


  • City AM quotes Eddie Richards on the logistical challenges of data centres

    Eddie Richards

    In the Press

  • Claims for reasonable financial provision beyond the grave?

    Jennifer Doggett


  • Arbitration Rules – How Different Are They?

    Mazin Al Mardhi


  • What the cancellation of HS2 Phase 2 means for former landowners

    Richard Flenley


  • The status of transgender and intersex athletes in international sports federations

    Pierre Bydzovsky


  • Charles Russell Speechlys advises Development Partners International and Verod Capital Management on investment into Pan African Towers

    Adrian Mayer


  • Overview of the Leasehold and Freehold Reform Bill: What are the key provisions?

    Laura Bushaway


  • James Broadhurst writes for the Financial Times’ Your Questions column on business succession plans

    James Broadhurst

    In the Press

  • Talking Retail quotes Jamie Cartwright on the CMA's report on grocery price inflation

    Jamie Cartwright

    In the Press

  • Property Week quotes Claire Fallows on reforms to the planning system announced in the Autumn Statement

    Claire Fallows

    In the Press

  • Francesca Charlton and Kayleigh McKee write for People Management on the Worker Protection Act

    Francesca Charlton

    In the Press

  • Charles Russell Speechlys successfully advises the Joint Liquidators of LB GP No.1 Ltd in Lehman Brothers litigation before the High Court in London

    Daniel Moore


  • Q&A: Adverse possession

    Hope Barton


  • FT Wealth quotes Sarah Anticoni and Vanessa Duff on prenups to protect family wealth

    Sarah Anticoni

    In the Press

  • Caroline Swain writes for Startups Magazine on 'Green Claims'

    Caroline Swain

    In the Press

  • Briefing quotes Noni Garratt-Wall and Sarah Grant on Building our Brand

    In the Press

  • The i quotes Rose Carey on UK net migration figures

    Rose Carey

    In the Press

  • BE News quotes Louise Ward on the Autumn Statement and life sciences support

    Louise Ward

    In the Press

  • COVID-19: Caffè Nero Delivers straight to your door

    Anna Rogers

    Quick Reads

Back to top