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Tesco has made steps to revive part of its claim against German-owned supermarket Lidl. Back in 2021, Lidl sued Tesco, alleging trade mark infringement over Tesco’s Clubcard logo (“the Logo”). Lidl claims the Logo is too similar to its own. Lidl further claimed Tesco was trying to “ride on its coat-tails” by using a yellow logo on a blue background to promote the Tesco Clubcard prices. Lidl applied to register various trade marks at the UK Intellectual Property Office, one of which included a yellow circle on a blue background. Tesco has issued a counterclaim against Lidl, claiming this mark was filed in bad faith as it is an unused trade mark which has never been seen by the public. As part of its evidence, Lidl put before the court results from a survey which involved asking members of the public to identify the disputed, unbranded mark. Lidl claim a number of people had identified the yellow circle on the blue background as being connected with Lidl. The Court of Appeal is set to give its ruling at a later date whilst Lidl’s initial claim and Tesco’s remaining counterclaim is due to be heard in early 2023. If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com in: Case Law, Companies, Consumer Law, Legal News, News, Trade Marks Share this page

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