Earlier this week, the UK’s largest retailer, Tesco attempted to revive part of its lawsuit against one of its competitors, Lidl.
Tesco sparked the legal battle by telling the Court of Appeal that its discount-chain rival had applied for trademarks for a blue background with a yellow circle in bad faith.
Earlier counterclaim
The supermarket had previously filed a counterclaim against Lidl in 2021, in response to Lidl’s preliminary lawsuit.
In the lawsuit, Lidl stated that Tesco was trying “ride on (its) coattails” by promoting its ‘Clubcard Prices’ discount scheme with a logo of a yellow circle on a blue background.
Case on bad faith
Tesco’s case on bad faith was dismissed by the High Court in June. However, the retail giant’s lawyers informed the Court of Appeal that the logo has never been publicised without Lidl’s name.
Furthermore, files supplied to Lidl by Tesco during the lawsuit also revealed many customers had confused the logo used by Tesco with that of Lidl’s.
The judge overseeing the case, Kim Lewison, stated that the Court of Appeal will provide its verdict at a later date.
Lidl’s initial claim and Tesco’s remaining counterclaims are expected to be assessed at the High Court at the start of next year.
Looking for intellectual property advice? We are here to help. Contact our team today.