Lidl Great Britain Limited & Anor v Tesco Stores Limited & Anor

Lidl Great Britain Limited & Anor v Tesco Stores Limited & Anor

The court found that Lidl's injury from Tesco's ongoing copyright infringement was substantial, not easily quantifiable, and not compensable by a small payment. The commercial context, Tesco's intent, and the scale of infringement meant damages in lieu would be inadequate. The burden on Tesco to show oppression or disproportionality was not met. Therefore, Lidl was entitled to a final injunction for copyright infringement, with a 9-week compliance period (20 weeks for F&F clothing products).

Parties
Claimant: Lidl Great Britain Limited; Claimant: Lidl Stiftung & Co KG; Defendant: Tesco Stores Limited; Defendant: Tesco PLC
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Intellectual Property (copyright, Trade Mark, Passing Off) / Post Trial, Consequentials Hearing, Final Injunctions
Outcome
Final injunction granted for copyright infringement; damages in lieu refused; 9-week compliance period (20 weeks for F&F clothing products) after final determination.
Legal Topics
Copyright Infringement, Trade Mark Infringement, Passing Off, Damages in Lieu of Injunction, Injunctions, User Principle, Negotiating Damages
Intellectual Property Law Copyright Infringement Trade Mark Infringement Passing Off Damages in Lieu of Injunction Injunctions User Principle Negotiating Damages

Case Brief

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Parties

Lidl Great Britain Limited

Claimant

Lidl Stiftung & Co KG

Claimant

Tesco Stores Limited

Defendant

Tesco PLC

Defendant

Procedural Posture

Intellectual Property (copyright, Trade Mark, Passing Off) / Post Trial, Consequentials Hearing, Final Injunctions

Legal Issues

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

Ratio Decidendi

The court found that Lidl's injury from Tesco's ongoing copyright infringement was substantial, not easily quantifiable, and not compensable by a small payment. The commercial context, Tesco's intent, and the scale of infringement meant damages in lieu would be inadequate. The burden on Tesco to show oppression or disproportionality was not met. Therefore, Lidl was entitled to a final injunction for copyright infringement, with a 9-week compliance period (20 weeks for F&F clothing products).

Court Disposition

Final injunction granted for copyright infringement; damages in lieu refused; 9-week compliance period (20 weeks for F&F clothing products) after final determination.

Orders

  • Tesco is restrained from further copyright infringement of Lidl's logo (CCP Signs) after the effective date.
  • Tesco to remove and replace all infringing signs within 9 weeks of final determination, except F&F clothing products (20 weeks).