NIPC Law

Sir Richard Arnold Author Dakej2point3   Licence CC BY-SA 4.0  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) Yesterday I discussed the Court of Appeal's judgment in  Lidl Great Britain Ltd and Another v Tesco Stores Ltd and Anothe r  (Rev1) [2024] EWCA Civ 262 (19 March 2024) in Trade Marks - The Appeal in Lidl v Tesco .  I explained that Lord Justice Arnold had delivered the lead judgment which consisted of 196 paragraphs.  He set out the grounds of the appeal by Tesco Stores Ltd and Tesco Plc ("Tesco") against Mrs Justice Joanna Smith's findings on trade mark infringement and passing off at para [122] and its grounds of appeal against her findings on copyright infringement at para [188]. Paras [123] to [161] addressed the appeal against the judge's findings on passing off, para...

  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...

  Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke)  Thatchers Cider Company Ltd v Aldi Stores Ltd [2024] EWHC 88 (IPEC) (24 Jan 2024) This was an action for trade mark infringement and passing off.  It came on for trial before Her Honour Judge Melissa Clarke on 23 and 24 Nov 2024.  By para [148] of her judgment, she dismissed the claims for trade mark infringement and passing off (see Thatchers Cider Company Ltd v Aldi Stores Ltd   [2024] EWHC 88 (IPEC) 24 Jan 2024). The Dispute The claimant, T hatchers Cider Company Ltd. ("Thatchers") makes and sells various types of cider and other alcoholic and non-alcoholic drinks.  It has registered the sign that appears on the left-hand side of the above illustration as a UK trade mark for cider and alcoholic beverages except beer in class 33 under trade mark number UK3489711  with effect from 14 May 2020. The defendant, Aldi Stores Ltd. ("Aldi"), is a retailer which supplies ca...