Tesco has lost a legal battle with German discount chain Lidl over its use of the Clubcard Prices logo. Lidl argued that the design – a yellow circle on a blue square – infringed its copyright and deceived customers into thinking Tesco prices were comparable. Last year, the High Court ruled in Lidl’s favour, a verdict that was upheld on Tuesday by the Court of Appeal. Tesco must now stop using the logo and is expected to adopt a new design in the coming weeks.
Lidl said it was “delighted” with the decision, while Tesco stated it was “disappointed”. It also moved to reassure customers that its Clubcard Prices programme, which offers deals to members, would continue unaffected. Lidl’s lawsuit was launched in 2020, after Tesco started using the Clubcard Prices logo. During the proceedings, a judge ruled that Tesco had deliberately copied Lidl’s design.
The decision is the latest legal setback for Tesco, which in 2007 was forced to abandon attempts to trademark the blue swoosh that had formed part of its logo for eight years. The supermarket had been charging up to £700 ($960) for use of the symbol on non-food products, sparking criticism from trading standards officials. Last year, Tesco also lost a legal challenge over its plans to build a new store in a Norfolk town, with the Supreme Court ruling in favour of a local council that had refused permission on the grounds of inadequate car-parking provision.
While Lidl has a relatively small UK presence compared to Tesco, it is rapidly growing its market share in the country. In November, Lidl overtook Waitrose to become the UK’s seventh-largest retailer by market share. Achieving a 6% share, the chain now has more than 800 stores across the country
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