Lidl checks out of Tesco IP battle with partial win

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

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

Directors at the firm explain how the drafting tool works, and why they may need to strengthen their team post-launch
A diversity pledge for in-house IP lawyers and well-known trademark recognition for Taj were also among the top talking points this week
Counsel are expecting policies that are favourable to patent owners and say the fear factor over applying for patents may diminish
Douglas Carsten says he is keen to increase fee earner headcount in the firm’s San Diego office, which opened this week
The deal could mean that hundreds of licensees in the pool would have access to a broader range of VVC patents
INTA’s foray into the business of law, including why IP is crucial to third-party investors, is a sign of the times
Tilleke & Gibbins’s Indonesia director explains why the firm’s regional presence is a blessing, the threat posed by new practices, and where she sees opportunities
Jane Møller Nielsen explains why a love for linguistics can help build a successful IP career, and reveals the Pippi Longstocking quote that inspires her
The UK Supreme Court will hear another trademark case in Dairy UK v Oatly, this time centring on the registrability of regulated terminology
Law firm leaders explain how due diligence and AI-related advice are providing opportunities and how they navigate the associated challenges
Gift this article