Leading retailer Tesco accused Lidl of applying for logo trademarks in “bad faith” at court on Tuesday, reviving the battle which first began in June.
The dispute revolves around Tesco’s logo which is used to promote its Clubcard Prices and features a yellow circle on a blue background.
The Big 4 grocer’s lawyers told the Court of Appeal that this, without Lidl’s name, had never been seen by the public.
Tesco representative, Simon Malynicz said: “This is an unused (trademark) logo which has been applied for the purposes of bolstering the protection in Lidl’s logo.”
However in June, discount grocer Lidl accused Tesco of copying its logo, claiming it looked to “ride on the coattails of Lidl’s reputation as a discounter.”
At the time of this hearing, Lidl presented the High Court with survey evidence showing that a number of people had identified the yellow circle on blue background as having a connection to Lidl.
As a result the judge, Justice Joanna Smith, found in Lidl’s favour and said the survey evidence would be admissible at trial.
Following the revival of the trial on Tuesday, Judge Kim Lewison has said the Court of Appeal will give its ruling at a later date.
Lidl’s lawsuit and Tesco’s counterclaims are set to be trialled at the High Court in early 2023.
Commenting on the claims, a Tesco spokeswoman told The Grocer: “We deny and are strongly defending this claim. The hearing this week was on a procedural point, and the overall merits of the case won’t be decided until the trial next year. We remain very confident of our position.”
