Lidl claim that Tesco’s use of the Sign infringes the Trade Marks (and amounts to passing off and copyright infringement). Lidl contend that Tesco are seeking deliberately to ride on the coat tails of Lidl’s reputation as a ‘discounter’ supermarket known for the provision of value. Lidl say that Tesco’s use of the Sign in connection with Tesco’s Clubcard prices is intended to, and does, cause members of the public to call to mind Lidl’s business and the Trade Marks, including being suggestive that the prices of goods offered by Tesco for sale under or in connection with the Sign are offered at the same prices, or lower prices, than could be obtained for the same or equivalent goods in Lidl stores. It will be appreciated that Lidl’s case that the Wordless Mark has been infringed is, if the registrations are valid, potentially easier for Lidl to sustain than their case that the Mark with Text has been infringed because of the absence from the former of the word LIDL. Tesco deny these claims and counterclaim for (among other things) a declaration of invalidity of the registrations for the Wordless Mark, alternatively revocation on the ground of five years’ non-use.
Judges:
Lord Justice Lewison
Lady Justice King
And
Lord Justice Arnold
Citations:
[2022] EWCA Civ 1433
Links:
Jurisdiction:
England and Wales
Intellectual Property
Updated: 18 November 2022; Ref: scu.682321