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Tesco Must Cease Using Clubcard Logo As It Infringes Lidl’s Trademark!

The High Court has ordered Tesco to cease using its Clubcard logo after ruling that it took unfair advantage of the dististitive reputation that resides in supermarket rival Lidl’s trademark. This ruling follows a multi-million-pound legal battle.

Tesco’s Clubcard scheme and Lidl’s main logo feature a yellow circle on a blue background. In Court Lidl to accused Tesco of infringing on their copyright and trademark.

Tesco launched a counterclaim which set up a court battle expected to cost both parties a collective £2.35m.

The High Court has now ruled in Lidl’s favour and will issue an injunction ordering Tesco to cease using its Clubcard logo.

In her ruling, Justice Joanna Smith said: ‘Tesco has taken unfair advantage of the distinctive reputation which resides in the Lidl Marks for low price value.’ However, she rejected Lidl’s argument that Tesco had done so deliberately.’ The judge went on to say that Tesco’s estimated costs to trial  , ‘amount to £1,185,976, while Lidl’s amount to £1,170,244.  The multi-million pound combined legal costs appear to be a reflection of how key this brand dispute is to both parties.’

A Tesco spokesperson said the supermarket is ‘disappointed’ by the ruling, which it plans to appeal.

 

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