Lidl checks out of Tesco IP battle with partial win

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Lidl checks out of Tesco IP battle with partial win

Lidl-comp.jpg

The UK High Court backed Lidl in passing off and copyright infringement claims against Tesco, but it wasn’t a clean sweep for the German supermarket

The England and Wales High Court today handed victory to Lidl in the battle of the supermarkets, ruling that Tesco’s Clubcard logo infringed Lidl’s store logo.

In her judgment, Mrs Justice Joanna Smith found Tesco had taken unfair advantage of Lidl’s reputation and had damaged the distinctive character of the Lidl logo.

Both logos feature a yellow circle on a blue square. Lidl’s has a thin red border around it.

Tesco was deemed liable for passing off as well as trademark and copyright infringement.

According to Smith’s judgment, the Clubcard design was “immediately appreciated” by Tesco employees as being likely to cause confusion with Lidl but Tesco went ahead with the Clubcard Prices promotion in any event.

However, a Lidl-owned wordless mark for the same logo was invalidated on the grounds that it had been applied for in bad faith.

In November last year, Managing IP reported that Tesco had been granted permission to advance claims of bad faith on the grounds that a trademark for a wordless version of Lidl’s logo – despite never having been used in the UK – had been continually refiled by the German-owned supermarket.

Tesco’s ‘Clubcard Price’ loyalty discount scheme, which launched in 2020, offers discounts on selected items to Clubcard members.

A spokesperson for Tesco said it is surprised and disappointed by the decision and intends to appeal.

A Lidl spokesperson said: “We asked Tesco to change its Clubcard logo, but they refused, making it necessary to bring this case. We are pleased that the court has agreed with us and that it will now order Tesco to stop using the logo.”

more from across site and SHARED ros bottom lb

More from across our site

A settlement between Philips and Transsion and a loss for AstraZeneca in the UK were also among the top talking points
Working with Harvey and Microsoft, the firm has been at the forefront of developing AI tools for its lawyers, and is now exploring new projects and business models
The Emotional Perception AI case, which centres on the patentability of an artificial neural network, will be heard next week
Developments included a court order related to InterDigital’s anti-anti-suit injunction against Disney, and clarification on recoverable costs
Partners at Foley Hoag examine how recent CJEU jurisprudence may serve as a catalyst for recalibrating US judicial reluctance to entertain foreign patent claims
International law firms have high hopes for their IP practices in Saudi Arabia, with many opening offices, but recruiting and retaining talent in the Kingdom presents unique challenges
Patrick Ogola joins us for our ‘Five minutes with’ series to discuss helping African entrepreneurs on the global stage, and explains why young lawyers should speak up
Heli Pihlajamaa, the EPO’s principal director for patent law and procedures, joins us to take stock of the unitary patent following its second anniversary
Kelly Thompson, chair of South African firm Adams & Adams, discusses self-belief, self-doubt, and the importance of saying yes
The renowned food brands were represented by a host of lawyers, including members of the firms’ IP teams
Gift this article