Back in November we reported on Tesco reviving part of its claim against German-owned supermarket Lidl. The trial is currently underway the High Court in London.
Lidl have alleged trade mark infringement, passing off and copyright infringement whilst Tesco issued a counterclaim to cancel some of Lidl’s trade marks. The mark in question is a yellow circle logo on a blue background.
A barrister acting for Lidl has argued Tesco’s actions have involved a form of deception and that deception is not accidental. Lidl argue Tesco’s deliberate deception is an attempt to deceive customers into thinking its Clubcard prices are comparable with Lidl’s own prices.
Tesco argue that no infringement has taken place and Lidl's wordless yellow circle logo is invalid on the basis it has not been used, its lack of distinctiveness and the fact the application for the same was made in bad faith.
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