In a trade mark battle of the supermarket giants, Tesco has lost its appeal against a decision that it infringed Lidl’s logo. The supermarket will now have to drop its blue and yellow logo used to promote its Clubcard loyalty scheme, with the subsequent rebrand reportedly set to cost Tesco up to £8 million.

So what did the Court of Appeal rule?

What does the ruling tell us?

The case shows how difficult it is to appeal a decision of a lower court. The Court of Appeal would only have been entitled to intervene if findings of facts were rationally insupportable, or if the High Court judge had made an error in law or principle. Although the Court of Appeal found aspects of the High Court’s judgment “surprising”, it was mindful that the High Court had the benefit of being immersed in the evidence, whereas the Court of Appeal is only asked to consider selected parts of the written record.

Although Tesco could look to further appeal to the Supreme Court it is understood the supermarket has accepted the Court of Appeal’s ruling.

To read more about the case, and gain insight on what businesses need to consider when designing logos and where the line is drawn between misrepresentation and inspiration, take a look at our recent Retail Law Update here: https://lnkd.in/evN8YtPm

Photo: The Tesco Clubcard Prices design and the Lidl logo. Composite: Rex/Reuters

Latest News

Pannone insolvency and debt teams triumph in industry standings - Pannone Corporate

The insolvency and debt teams at Pannone Corporate have featured highly in the latest Insolvencies and Companies List, according to the latest Solomonic ...

Read more...
Penalty Clauses – ‘significant implications’ for businesses following changes - Pannone Corporate

English law upholds the principle of contractual autonomy, granting parties the freedom to negotiate and establish terms tailored to their specific needs...

Read more...
Arshnoor Amershi named rising star at Powerhouse Awards - Pannone Corporate

Arshnoor Amershi has been crowned Corporate Rising Star of the Year at the 2024 Legal 500 Northern Powerhouse Awards. The Associate Partner at Mancheste...

Read more...

View all posts

Welcome to our latest IP update – insight into the most recent cases and developments in IP law. We’ll uncover the news stories most relevant to you and provide insight into what they mean for your business.

To find out more, click here 

If you have any questions about the updates or any IP issues or challenges you’re facing, please contact Melanie McGuirk or Alexandria Winstanley.

Latest News

Pannone insolvency and debt teams triumph in industry standings - Pannone Corporate

The insolvency and debt teams at Pannone Corporate have featured highly in the latest Insolvencies and Companies List, according to the latest Solomonic ...

Read more...
Penalty Clauses – ‘significant implications’ for businesses following changes - Pannone Corporate

English law upholds the principle of contractual autonomy, granting parties the freedom to negotiate and establish terms tailored to their specific needs...

Read more...
Arshnoor Amershi named rising star at Powerhouse Awards - Pannone Corporate

Arshnoor Amershi has been crowned Corporate Rising Star of the Year at the 2024 Legal 500 Northern Powerhouse Awards. The Associate Partner at Mancheste...

Read more...

View all posts

Welcome to our new look IP update – the latest insight into the cases and developments in IP law. We’ll uncover the news stories most relevant to you and provide insight into what they mean for your business.

To find out more, click here 

If you have any questions about the updates or any IP issues or challenges you’re facing, please contact Melanie McGuirk or Alexandria Winstanley.

Latest News

Pannone insolvency and debt teams triumph in industry standings - Pannone Corporate

The insolvency and debt teams at Pannone Corporate have featured highly in the latest Insolvencies and Companies List, according to the latest Solomonic ...

Read more...
Penalty Clauses – ‘significant implications’ for businesses following changes - Pannone Corporate

English law upholds the principle of contractual autonomy, granting parties the freedom to negotiate and establish terms tailored to their specific needs...

Read more...
Arshnoor Amershi named rising star at Powerhouse Awards - Pannone Corporate

Arshnoor Amershi has been crowned Corporate Rising Star of the Year at the 2024 Legal 500 Northern Powerhouse Awards. The Associate Partner at Mancheste...

Read more...

View all posts