Lidl & Tesco's Logo War: A Vicious Cycle

Is creating a coloured circle enough artistry for copyright? UK's High Court decided in a case where Lidl sued Tesco for IP infringement. Lidl's logo is a yellow circle outlined in red on blue background with the word 'Lidl' in the middle. They created this logo in 1989 and this is known as the "Mark with Text." Lidl also has the same logo but without the word 'Lidl', known as the "Wordless Mark." Both logos are registered since 1995 in the UK.

Lidl has two trade marks. They are “Lidl” and “Lidl & the color blue.” These trade marks protect Lidl's brand. They prevent other businesses from using the same or a similar name or design. It gives Lidl exclusive rights to use them and profit from them.

Tesco's logo at the centre of this lawsuit is the 'Clubcard Prices' sign. The sign had a yellow circle and 'Clubcard Prices' printed in black in the middle. The background was blue.

Since September 2020, Tesco used a sign that Lidl claimed is similar to their logo. Lidl said Tesco used their brand reputation unfairly and violated their copyright. Tesco responded by saying that the Wordless Mark wasn't registered in good faith. They also said it lacked clear distinction and the design used didn't need protection.

Trademark infringement is a serious legal issue. If someone uses your trademark without your permission, it is a violation of your rights as the owner. You can take action by bringing a trademark infringement claim. By doing so, you can protect your brand and prevent others from using it without authorization. To successfully file a claim, you must prove that the defendant has used your trademark in a way that causes confusion among consumers. It's advisable to seek the help of a lawyer if you are thinking of pursuing a trademark infringement claim. They can guide you through the legal process and help you achieve a favorable outcome.

Lidl said to Tesco, "Hey, you're breaking our trademark rules and using our good reputation to sell stuff." They said Tesco was tricking people by using a similar logo on their "Clubcard prices" promotion. Lidl said the logo wasn't an accident and that people thought it was Lidl's. They said the logos were important to their brand and that they had a good reputation because of them.

When you use someone else's work without their permission, it's called copyright infringement. It's illegal and can result in legal action being taken against you. Passing off is when someone tries to make their product or service look like someone else's. This can also result in legal action being taken. It's important to respect other people's intellectual property rights and to make sure you have the proper permissions before using their work. If in doubt, seek legal advice.

Lidl said Tesco stole their design and used their name without permission. Tesco said that the design was not special and did not need protection. They said it was made by different people over 20 years and did not take long to make. But the court said that it took creativity and work to make it. Even if it was not very good. The court said that even simple designs can be original and protected. So, Lidl won the case and their design is protected.

The UK High Court ruled in Lidl's favor. Tesco broke the law by using Lidl's trademarked text. The same rule applies to the Wordless Mark. The Wordless Mark didn't add anything to Lidl's case, as it was not used alone in the UK. It only became known because it was used with the Mark with Text. The court recognized that Tesco's Mark was similar to Lidl's Wordless Mark.

Tesco made a counterclaim for invalidity. This was about the Wordless Mark. The court said the Wordless Mark was seen as a trademark. The court also said that the Wordless Mark was distinctive. This was because of its use of simple shapes and bright colors.

The court said the 'Wordless Mark' was registered unfairly. Tesco won the case because the registration was done in bad faith. But the court said Lidl still broke trade mark, passing off, and copyright laws.

The parties will talk about the Court's Order today. Tesco in Ireland uses a yellow square with rounded edges for their "Clubcard Prices" sign. This may suggest what the parties will agree upon.

So, what can you learn from this case? Here are the two main things you should remember: