• insights-banner

    In the Press

World Intellectual Property Review quotes Charlotte Duly on Tesco’s trademark row with Lidl over its Clubcard logo

Tesco has lost a Court of Appeal battle to overturn a ruling that it had copied Lidl’s yellow circle logo.

Charlotte Duly, Head of Brand Protection, comments on the judgment for World Intellectual Property Review:

Lidl remains victorious in its legal battle against Tesco following the Court of Appeal judgement, despite a pyrrhic victory for Tesco in terms of both copyright infringement and several of Lidl’s registrations being invalidated.

"On appeal, it has been confirmed that Tesco's use of a yellow circle on a blue background in its Clubcard Prices scheme infringes Lidl's trade mark rights in their distinctive brand identity.

"Tesco were found not to have infringed the copyright in the Lidl logo, but considering the findings of trade mark infringement and passing off this provides little comfort and does not change the fact Tesco will need to amend their Clubcard Prices logo.

"Whilst the Court of Appeal found elements of the initial decision surprising it was not “rationally insupportable”, and demonstrates how finely balanced such issues can be. Lewison LJ commented that he “found the trade mark claim and the passing off claim very difficult, at the outer boundaries of trade mark protection and passing off”.

"The Court of Appeal’s ruling highlights the importance of trade mark protection and brand clearance in the retail industry, underscoring the fine line between inspiration and infringement. The case is a reminder of the value attributed to unique branding elements and their protection under intellectual property law.

"Corporations must navigate brand identities with caution to avoid legal pitfalls, especially within the fiercely competitive retail sector.”

Related coverage:

Global Legal Post, Solicitor's Journal 

Our thinking

  • IBA Annual Conference 2024

    Charlotte Ford

    Events

  • Design Rights and Bright Lights: M&S wins appeal over Aldi's bottle design

    Mary Bagnall

    Insights

  • Nick Hurley writes for People Management on the Liberal Democrats’ employment law proposals ahead of the General Election

    Nick Hurley

    In the Press

  • Gaining insights on forfeiture - Estates Gazette Q&A

    Emma Preece

    Insights

  • Changes to the time limits for enforcement

    Titilope Hassan

    Insights

  • Briefing Magazine quotes Joe Cohen in an article about process improvement in law

    Joe Cohen

    In the Press

  • Property Patter: Pre-Election Special

    Emma Humphreys

    Podcasts

  • Sarah Jane Boon quoted on the front page of The Times in relation to ONS marriage figures for England and Wales

    Sarah Jane Boon

    In the Press

  • Property Patter: Hotels

    Naomi Nettleton

    Podcasts

  • Employment Law & Worker Rights – The Labour Manifesto

    Nick Hurley

    Insights

  • Nick White and Sarah Johnson write for City AM on how Rule 40 affects marketing around the 2024 Olympic Games

    Nick White

    In the Press

  • Nick Hurley writes for People Management on the Conservatives' employment law proposals ahead of the General Election

    Nick Hurley

    In the Press

  • Is a Big Mac meat or chicken? Thoughts on the recent General Court decision

    Charlotte Duly

    Quick Reads

  • Tortious liability: Supreme Court brings relief for directors

    Olivia Gray

    Insights

  • Stephen Burns and Katie Bewick write for New Law Journal on shareholders’ rights after Zedra

    Stephen Burns

    In the Press

  • Rhys Novak writes for Solicitors Journal on what legal advisors need to know about dawn raids

    Rhys Novak

    In the Press

  • Employment Law & Worker Rights - The Conservative Party’s Manifesto

    Nick Hurley

    Insights

  • "Has anyone seen my cat?" - Pet-Nups and Pet Disputes between Unmarried Couples

    Jessie Davies

    Quick Reads

  • Employment Law & Worker Rights - The Liberal Democrats Manifesto

    Nick Hurley

    Insights

  • The Africa Debate: Africa’s role in a changing global order

    Matthew Hobbs

    Quick Reads

Back to top