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

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

The Court found that Tesco's CCP Signs created a link with Lidl's trade marks, conveyed a price-matching message to a substantial number of consumers, and thus took unfair advantage of and diluted the distinctive character of Lidl's marks, amounting to trade mark infringement and passing off. However, Lidl's copyright claim failed as Tesco did not copy a substantial part of the original elements of the Mark with Text. Lidl's registrations of the Wordless Mark were invalid for bad faith, as they were registered without genuine intention to use and to secure a wider monopoly.

Parties
Claimant: Lidl Great Britain Limited; Claimant: Lidl Stiftung & Co KG; Defendant: Tesco Stores Limited; Defendant: Tesco PLC
Jurisdiction
England and Wales
Judgment Date
22 July 2024
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Tesco's appeal on trade mark infringement and passing off dismissed; Tesco's appeal on copyright infringement allowed; Lidl's appeal on invalidity of Wordless Mark registrations dismissed; copyright injunction moot.
Legal Topics
Trade Mark Infringement, Passing Off, Copyright Infringement, Trade Mark Invalidity (bad Faith)
Intellectual Property Commercial Law Trade Mark Infringement Passing Off Copyright Infringement Trade Mark Invalidity (bad Faith)

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

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Tesco's use of the CCP Signs infringed Lidl's trade marks under section 10(3) of the Trade Marks Act 1994
  2. 2 Whether Tesco's use amounted to passing off
  3. 3 Whether Lidl's copyright in the Mark with Text was infringed

Ratio Decidendi

The Court found that Tesco's CCP Signs created a link with Lidl's trade marks, conveyed a price-matching message to a substantial number of consumers, and thus took unfair advantage of and diluted the distinctive character of Lidl's marks, amounting to trade mark infringement and passing off. However, Lidl's copyright claim failed as Tesco did not copy a substantial part of the original elements of the Mark with Text. Lidl's registrations of the Wordless Mark were invalid for bad faith, as they were registered without genuine intention to use and to secure a wider monopoly.

Court Disposition

Tesco's appeal on trade mark infringement and passing off dismissed; Tesco's appeal on copyright infringement allowed; Lidl's appeal on invalidity of Wordless Mark registrations dismissed; copyright injunction moot.

Orders

  • Tesco restrained from using CCP Signs infringing Lidl's trade marks and passing off;
  • No copyright injunction granted;