London’s High Court has ruled that Lidl can take out an injunction to stop Tesco copying its logo.
Once the decision is enforced, or Tesco is unsuccessful in appeal, Tesco would have nine weeks to remove all Clubcard Prices logos which, Reuters reports, will cost Britain’s biggest supermarket almost £8 million.
In April, Lidl triumphed in its trademark lawsuit against Tesco over its use of a yellow circle in branding. The discount chain brought the case to the High Court in 2020 after Tesco adopted a yellow circle against a blue background to promote its Clubcard loyalty discount scheme. In her ruling, Judge Joanna Smith said Tesco had taken “unfair advantage of the distinctive reputation which resides in the Lidl Marks for low price (discounted) value.”
Lidl had since pursued an injunction stopping Tesco from using its trademark but Tesco’s legal team wanted to resolve the matter by paying damages.
However, Judge Smith has now ruled that Lidl can have an injunction, stating “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”.
It is yet to be confirmed whether Tesco will appeal the decision.
