Lidl and Tesco went head-to-head in the High Court standing before Mrs Justice Joanna Smith after Lidl accused Tesco of infringing on its trade mark and copyright.
On Tuesday, the High Court was told by Lidl that Tesco had copied its branding with its Clubcard promotion logo, which consists of a yellow circle on top of a blue background. Lidl stated that this resemblance is likely to mislead consumers.
Lidl’s legal representative told the Court that Tesco had conducted its own consumer research which proved Lidl’s claims of misleading consumers. The research revealed Tesco’s own consumers had described the Clubcard promotion logo as being similar to that of Lidl’s. Lidl’s legal representative continued to state that such research proved customers were being misled into thinking they were buying products at a cheaper price.
Lidl’s representatives added that unless the Court intervenes and takes action, the consumers will believe that Tesco is price matching Lidl, leading to more consumers to shop at Tesco and being deceived. Lidl’s legal representative stated that they are not complaining about origin confusion but instead the link between the Clubcard logo and Lidl’ reputation.
Tesco’s legal representative alleged Lidl of being hypocrites and continued to accuse Lidl of copying the branding of well-known products, such as Lidl’s version of Cathedral cheese named ‘Valley Spire’ or Lidl’s version of Oreo called ‘Neo’. However, Lidl’s marketing director replied stating that Lidl has not copied any well-known branding, as the mentioned products are Lidl’s own brand, and it is in the parameters that are permitted, therefore no copying has occurred.
Tesco’s legal representative argued that Lidl’s logo was not acknowledged as significantly artistic to be a protected work. Further, it was added that the Clubcard promotion is well-known but is completely distinct and dissimilar.
The trial continues so please keep your eye on the reading room to see how the above develops.
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By Ricardo Maraj-Bennett
