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 2026

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

Not all private equity firms are the same, so leaders at four externally backed IP firms came together to discuss the frameworks they followed and how they ensured a cultural fit
Top-tier German and Spanish firms are among the advisers on a Europe-wide copyright and licensing tussle concerning the design of the track circuit in Madrid
Partners Alex Wilson and Andreas Kramer say bigger law firm rivals don’t necessarily gain by having a wider jurisdictional reach
VO, which has offices in the Netherlands, Belgium and Germany, is the second European IP firm to secure external backing this week
The Bardehle Pagenberg attorneys-at-law discuss the firm’s Managing IP EMEA Awards 2026 success, Unified Patent Court litigation strategy, and evolving European patent trends
A patent battle between two legal tech companies and a loss for Elon Musk’s xAI against OpenAI were also among the top talking points
With drug prices a hot topic in the US, courts are seemingly more reluctant to prevent the entry of generics to the market
Academic Eden Sarid joins us during Pride Month to discuss queer expression and IP law, Patagonia v Pattie Gonia, and how queer and AI-generated creations both pose novelty concerns
Patent attorney Michael Henson joins the firm to lead its freshly launched blockchain and digital assets practice
A dispute over mammogram technology, and a development in the case between GSK and Moderna were also among the top talking points in recent weeks
Gift this article