# Tesco wins appeal in trademark fight with Lidl in UK court
Author:  Pal Sinha, Barnali 
Author URL: https://financedigest.com/author/pal-sinha-barnali
Published: 2022-11-03
Category: NEWS
Category URL: https://financedigest.com/category/news
Meta Title: Tesco allowed to argue Lidl applied for trademark in bad
Meta Description: Learn about Britain’s biggest retailer Tesco's legal battle with discount supermarket Lidl over trademark infringement. Find out more here!
URL: https://financedigest.com/tesco-wins-appeal-in-trademark-fight-with-lidl-in-uk-courthtml

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By Sam Tobin

(Reuters) – Britain’s biggest retailer Tesco can argue at trial that discount supermarket Lidl applied for trademarks for a yellow circle against a blue background in “bad faith” after a London court on Wednesday allowed its appeal.

Tesco filed a counterclaim against Lidl in 2021, in response to its German-owned rival’s lawsuit which said Tesco was trying “to ride on \[its\] coat-tails” by using a logo of a yellow circle on a blue background to promote its “Clubcard Prices” discount scheme.

Tesco – the grocery [market leader](https://www.financedigest.com/impact-com-named-a-market-leader-in-research-in-actions-partner-management-automation-report-and-in-g2-winter-reports.html "impact.com Named a Market Leader in Research in Action’s Partner Management Automation Report and in G2 Winter Reports") in Britain with a 27% share against Lidl’s 7%, according to industry data – argued Lidl registered a trademark of its logo without its name as a “legal weapon” to support the trademark over its more widely used logo.

A lower [court dismissed Tesco’s case on bad faith in June, but the Court of Appeal in London ruled](https://www.financedigest.com/slipping-over-mexico-border-migrants-get-the-jump-on-u-s-court-ruling.html "Slipping over Mexico border, migrants get the jump on U.S. court ruling") on Wednesday that the argument should be part of a trial of Lidl’s initial lawsuit and Tesco’s counterclaim, which is due to be heard at the High Court early next year.

A Tesco spokesperson said: “We are pleased with today’s decision. We continue to deny and strongly defend this claim and remain very confident of our position for trial [next](https://www.financedigest.com/eu-could-face-gas-shortage-next-year-iea-warns.html "EU could face gas shortage next year, IEA warns") year.”

A Lidl spokesperson said: “This appeal is only a small procedural aspect of the [case and we remain](https://www.financedigest.com/japans-covid-19-cases-defy-asia-rebound-yet-fears-remain-for-winter-wave.html "Japan’s COVID-19 cases defy Asia rebound, yet fears remain for winter wave") confident in the outcome of the trial in 2023.”

The case is Lidl Great [Britain Limited and another v Tesco](https://www.financedigest.com/britains-tesco-increases-dominance-with-12-week-sales-rise-nielseniq.html "Britain’s Tesco increases dominance with 12-week sales rise – NielsenIQ") Stores Limited and another, CA-2022-001407.

(Reporting by Sam Tobin; Editing by Kirsten Donovan)


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