Tesco has begun its High Court appeal of the injunction it was handed last year when it was determined that its Clubcard Prices logo had infringed Lidl’s copyright.
The three-day appeal hearing will see the UK’s largest retailer seek to overturn the injunction which it does not believe is an “appropriate remedy”.
Last year the High Court ruled Tesco had infringed Lidl’s trademark – a yellow circle on a blue square – and had “‘passed off’ its goods as being as good value as Lidl”.
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While the discounter had requested and was awarded an injunction, Tesco’s lawyers argue that this is an unnecessary move, and have suggested the leading retailer could instead pay a small amount of damages.
Last year, Justice Smith granted the injunction, saying: “The only certain way to put an end to the loss that Lidl is incurring by reason of the continuing use of the [Clubcard] signs is to grant a final injunction”.
If Tesco is unsuccessful on appeal, it will have nine weeks to remove Clubcard logos when proceedings come to a close, at a cost estimated to be almost £8m.
Grocery Gazette has reached out to Tesco and Lidl for comment.
2 Comments. Leave new
I made no connection to the fact the colours are the same or the shape of the logo was the same! However it states clubcard prices so it seems pretty obvious that it is Tesco and nothing to do with Lidl. Stop wasting money through the courts and reduce the prices on our food
I find this shocking and odd you can clearly see the difference. Will Lidl take the sun in the sky to court next as that’s a yellow circle with a blue background.
The Lidl logo has a red circle around it also.
I hope this goes in Tesco’s favour. I spoke to a lot of people about this and they all agree.