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The Court of Appeal has agreed in favour of Lidl in the dispute between the German discount chain and Tesco, whose Clubcard Prices logo has been found to infringe on Lidl’s copyright.
As a result, Tesco has been told to stop using its Clubcard Prices logo after losing the legal battle.
Lidl had argued that the Clubcard logo of a yellow circle on a blue square infringed its copyright, taking “unfair advantage of its reputation for great value”.
The order to cease using the Clubcard design comes after the High Court found in favour of Lidl last year. Despite this, Tesco had decided to appeal against that decision.
The legal battle between the two supermarket chains began in 2020 when Lidl launched the lawsuit against Tesco after it started using the distinctive logo for its Clubcard scheme.
Lidl had argued that Tesco deliberately copied its trademark to deceive customers into thinking its prices were comparable.
In a statement issued after yesterday’s (19 March) ruling by the Court of Appeal, Lidl said: “We are delighted to see that the Court of Appeal has now agreed with the High Court that Tesco’s use of its Clubcard logo is unlawful. We expect Tesco now to respect the Court’s decision and change its Clubcard logo to one that is not designed to look like ours.”
A spokesperson from Tesco also said: “We are disappointed with the judgement relating to the colour and shape of the Clubcard Prices logo but would like to reassure customers that it will in no way impact our Clubcard Prices programme.
“Clubcard Prices, irrespective of its logo, will continue to play a central role in rewarding our Clubcard members with thousands of deals every week.”
