Lidl Great Britain Ltd & anr (claimants) v Tesco Stores Ltd & anr (defendants)

Monday 19 – Wednesday 21 February 2024

These matters relate to two orders made by Mrs Justice Joanna Smith, sitting in the Business and Property Courts, Intellectual Property List, dated 19th April and 22 May 2023:

19 April 2023 Order – Following a Trade Mark and copyright Infringement and Passing Off action brought by Lidl against Tesco, the Judge made the order dated 19 April 2023 declaring that:

  1. Tesco had infringed Lidl’s trademark (the yellow circle on a blue square with the word Lidl written in it (“the mark with text”)
  2. Tesco had “passed off” its goods as being as good value as Lidl
  3. Tesco had infringed Lidl’s copyright.
  4. Lidl’s trademarks of the same circle and square with no text were invalid (“the Wordless Marks”).

Lidl appeal the finding that the Wordless Marks were invalid.

Tesco appeal the finding that Tesco had infringed the mark with text, had passed off its goods and had infringed Lidl’s copyright.

22 May 2023 Order – Following a subsequent consequentials hearing, the Judge made the final order dated 22 May 2023 which, inter alia granted a final injunction against copyright infringement by Tesco.

Tesco seeks to appeal the imposition of an injunction as the appropriate remedy.

View hearing:

Day 1

Part 1

Part 2

Day 2

Part 1

Part 2

Day 3

Part 1

Part 2