Trade Marks - The Appeal in Lidl v Tesco
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) In Lidl Great Britain Limited and another v Tesco Stores Ltd and another [ 2023] EWHC 873 (Ch) (19 April 2023), Mrs Justice Joanna Smith held that Tesco Stores Ltd and Tesco Plc ("Tesco") were liable to Lidl Great Britain Ltd and Lidl Stiftung & Co KG ("Lidl") for trade mark and copyright infringement and passing off . She also found for Tesco on part of their counterclaim for invalidation of several of Lidl's marks. I discussed that judgment in Trade Marks - Lidl v Tesco on 1 May 2023 and a further judgment in Discretion in Awarding Final Injunctions- Lidl v Tesco on 29 June 2023. The Appeal Tesco appealed against the finding of trade mark and copyright infringement and passing off and Lidl against the invalidation of their marks, The app...