The Lidl v Tesco Appeal: Lord Justice Arnold on Passing off
Author: Paul Hurst Licence CC BY-SA 2.5 Deed Source Wikimedia Commons Jane Lambert Court of Appeal (Lord Justices Lewison, Arnold and Birss) Lidl Great Britain Ltd and Another v Tesco Stores Ltd and Anothe r (Rev1) [2024] EWCA Civ 262 (19 March 2024 ) This is the second of my supplementary articles on Lord Justice Jackson's judgment in Lidl Great Britain Ltd and Another v Tesco Stores Ltd and Anothe r (Rev1) [2024] EWCA Civ 262 (19 March 2024). I explained the reasons for these supplementary articles in the second paragraph of Lord Justice Arnold's Guidance on Trade Mark Law in the Lidl v Tesco Appeal yesterday. In this article, I shall discuss Lord Justice Arnold's guidance on passing off which he set out in paras [27] to [35] of his judgment. The learned Lord Justice said in para [28] that the fundamental principle underlying the law of passing off may be simply stated in contemporary language as "no person may misrepresent their goo...