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Thursday, June 20, 2024

Lidl versus Tesco. The court will decide the case

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A legal battle between Lidl and Tesco is underway in the UK over a yellow circle on a blue background, The Guardian reports. Lidl has accused its larger rival of being a ruse by using such a list to inform about lower prices for members of the bonus program. Lidl argues that these are its colors and marking.

The Lidl logo is the name of the chain on the background of a yellow circle inscribed in a blue square. However, in Great Britain, Lidl also registered the same color combination without a name as a trademark. This scheme of figures and colors is also used by British Tesco to inform about special price offers for members of the Clubcard club. And here the problem arose.

The case, which for most clients may seem trivial, has already reached the next court instance. The trial is due to end this week. It is worth noting that Tesco has already won an appeal in November last year. The argument then reached the court that Lidl had filed a yellow circle on a blue background, but without the name of the chain, as its trademark in “bad faith”.

Lidl sues Tesco

In the original lawsuit, Lidl accused Tesco of infringing the German company’s trademark and copyright by using this scheme, as well as an attempt to use their opinion as a cheap retail chain.

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“Tesco deliberately copied Lidl’s branding to achieve just such an association and transfer of its values,” said Benet Brandreth, who heads Lidl’s legal team.

Tesco responds

Tesco’s lawyers pointed out that Lidl had registered the trademark of its unnamed logo as a “legal weapon” with no intention of using it commercially. Therefore, the British concern seeks to invalidate the trademark that Lidl has registered.

Hugo Cuddigan, head of Tesco’s legal team, argues that Lidl must prove the alleged damage, which it has so far failed to do.

– That is, that customers were misled by the signs used by Tesco and otherwise they would go shopping at Lidl. Possibly, there is an unfavorable opinion about Lidl – he indicates, adding that there is no evidence of any of the above.

Main photo source: Shutterstock



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