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09 November 2022
Issue: 8002 / Categories: Legal News , Intellectual property
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Tesco & Lidl go head to head on trade mark

Trade mark owners who are not using their mark may need to do more than simply filing and refiling in order to hang onto their rights, following Lidl Great Britain Ltd v Tesco Stores Ltd [2022] EWCA Civ 1433.

The dispute concerned Tesco’s Clubcard Prices loyalty discount scheme, which uses a yellow circle on a blue square with the words ‘Clubcard Prices’. Lidl claimed it was too similar to the background to its logo, a wordless blue square and yellow circle with a thin red border. Tesco denied this and counterclaimed for invalidity of Lidl’s registration which is not used in the UK in its registered form, on grounds of bad faith filing.

Overturning the High Court, the Court of Appeal allowed Tesco’s allegations to proceed.

Richard Kempner, partner at HLK, who represented Tesco, said: ‘Tesco has been permitted to continue to argue at trial that a wordless version of Lidl’s logo was periodically filed and refiled by Lidl in bad faith’.

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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