Another trademark battle between supermarkets in Britain has ruffled the internet’s feathers once again.
Lidl faced off Tesco in the High Court over the use of a yellow circle logo on a blue background on its Clubcard branding.
The German discount chain launched legal action in 2020 not long after Tesco adopted the symbol to promote its discount scheme.
Judge Joanna Smith said in a written ruling on Wednesday that Britain’s biggest supermarket had ‘taken unfair advantage of the distinctive reputation’ for low prices held by Lidl’s trademarks.
She rejected the argument that Tesco had ‘the deliberate subjective intention of riding on Lidl’s coat tails’.
Lidl uses a yellow circle in its main logo while Tesco uses a yellow circle logo to promote a Clubcard scheme.
This marked a rare victory for the discounter over its largest rival, and the court’s decision was welcomed.
But Tesco confirmed its intentions to appeal the decision, so it can continue to use the symbol.
‘We are surprised and disappointed by the decision today in relation to the claim brought by Lidl against our Clubcard Prices logo,’ a spokesperson said.
She added: ‘We intend to appeal.’
Tesco also argued that pursuant to the ‘Clubcard Prices initiative’, it used the ‘sign’ in ‘various guises, always with text overlaid’ and ‘always as a signifier of its Clubcard Prices promotion’.
The two companies traded allegations of copying brands and deceiving shoppers at a trial in February, which took place amid a price war between supermarkets and their discount rivals.
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