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This was an appeal from the decisions of Mrs Justice Joanna Smith in [2023] EWHC 873 (Ch) (liability) and [2023] EWHC 1517 (Ch) (form of order), concerning the use by Tesco of the blue and yellow Clubcard sign and Lidl’s earlier rights in the Lidl logo.
2 kwi 2024 · On 19 March 2024, the Court of Appeal handed down its decision on the appeal in the Lidl v Tesco case ([2024] EWCA Civ 262), holding as follows. This post focusses on the Court of Appeal allowing the appeal against the first instance finding of copyright infringement.
Action brought on 19 October 2022 — Lidl Stiftung v EUIPO — MHCS (Shade of the colour orange) (Case T-652/22) (2022/C 472/52) Language in which the application was lodged: English. Parties. Applicant: Lidl Stiftung & Co. KG (Neckarsulm, Germany) (represented by: M. Kefferpütz and K. Wagner, lawyers)
2 maj 2023 · In a judgment delivered on 20 April 2023, Justice Joanna Smith found in favour of budget supermarket Lidl in a long-running dispute with rival supermarket Tesco.
3 kwi 2024 · The Court of Appeal has clarified the law on substantial part and has recognised that while the Lidl Work did attract copyright, the scope of protection afforded was (sensibly) narrow. A relief for legal commentators (and – in part – for Tesco).
Approved Judgment: Lidl v Tesco Mrs Justice Joanna Smith DBE 10. Tesco has referred to all of these icons in its statement of case as “the CCP Signs”, and it refers to the background (i.e. the Sign as defined by Lidl) as “the CCP Signifiers Background”. 11. Lidl’s complaint derives from the presence of the common element, the CCP
In this case, Lord Justice Arnold found that Tesco’s statement of case pleaded sufficient objective indicia to give rise to a real prospect of the presumption of good faith being overcome - Tesco had succeeded in shifting the evidential burden to Lidl.
