Lidl Great Britain Ltd & Anor v Tesco Stores Ltd & Anor [2023] EWHC 1517 (Ch) (21 June 2023)

Lidl Great Britain Ltd & Anor v Tesco Stores Ltd & Anor [2023] EWHC 1517 (Ch) (21 June 2023)

The court found that the injury to Lidl's copyright rights from Tesco's ongoing use of the CCP Signs was substantial, not easily quantifiable, and could not be adequately compensated by a small payment. The commercial context, Tesco's intent, and the value of the infringement to Tesco were critical. The burden on Tesco to show disproportionality or oppression was not met. Therefore, a final injunction was justified rather than damages in lieu. The compliance period for the injunction was set at 9 weeks (20 weeks for F&F clothing products), reflecting the practicalities of rebranding and the evidence provided.

Citation
[2023] EWHC 1517 (Ch)
Parties
Claimant (il 2020 000127), Defendant (il 2021 000041): Lidl Great Britain Limited; Claimant (il 2020 000127), Defendant (il 2021 000041): Lidl Stiftung & Co KG; Defendant (il 2020 000127), Claimant (il 2021 000041): Tesco Stores Limited; Defendant (il 2020 000127), Claimant (il 2021 000041): Tesco PLC
Jurisdiction
England and Wales
Judgment Date
21 June 2023
Procedural Posture
Intellectual Property (chancery Division) / Post Trial, Consequentials Hearing on Injunctive Relief and Compliance Period
Outcome
Final injunction granted for copyright infringement; damages in lieu refused; compliance period set at 9 weeks (20 weeks for F&F clothing products).
Legal Topics
Final Injunctions, Damages in Lieu of Injunction, User Principle, Proportionality of Injunctive Relief, Assessment of Damages, Compliance Period for Injunctions
Intellectual Property Copyright Trade Marks Passing Off Final Injunctions Damages in Lieu of Injunction User Principle Proportionality of Injunctive Relief +2 more

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Parties

Lidl Great Britain Limited

Claimant (il 2020 000127), Defendant (il 2021 000041)

Lidl Stiftung & Co KG

Claimant (il 2020 000127), Defendant (il 2021 000041)

Tesco Stores Limited

Defendant (il 2020 000127), Claimant (il 2021 000041)

Tesco PLC

Defendant (il 2020 000127), Claimant (il 2021 000041)

Procedural Posture

Intellectual Property (chancery Division) / Post Trial, Consequentials Hearing on Injunctive Relief and Compliance Period

Legal Issues

  1. 1 Whether a final injunction for copyright infringement should be granted or damages awarded in lieu
  2. 2 Appropriate period for compliance with injunctions

Ratio Decidendi

The court found that the injury to Lidl's copyright rights from Tesco's ongoing use of the CCP Signs was substantial, not easily quantifiable, and could not be adequately compensated by a small payment. The commercial context, Tesco's intent, and the value of the infringement to Tesco were critical. The burden on Tesco to show disproportionality or oppression was not met. Therefore, a final injunction was justified rather than damages in lieu. The compliance period for the injunction was set at 9 weeks (20 weeks for F&F clothing products), reflecting the practicalities of rebranding and the evidence provided.

Court Disposition

Final injunction granted for copyright infringement; damages in lieu refused; compliance period set at 9 weeks (20 weeks for F&F clothing products).

Orders

  • Tesco is restrained by final injunction from further copyright infringement of Lidl's logo.
  • Tesco must comply with the injunction within 9 weeks of final determination (20 weeks for F&F clothing products).