// Tesco accuses Lidl of applying for logo trademarks in “bad faith”
// Tesco’s argument was dismissed in an earlier hearing at the High Court in June
Tesco has accused Lidl of applying for trademarks in “bad faith” as it restores the supermarket battle which began earlier this year.
The battle is around Tesco’s logo which is used to promote its Clubcard Prices and features a yellow circle on a blue background.
Tesco’s lawyers told the Court of Appeal in London that the yellow circle on a blue background, without the mention of Lidl, had never been seen by the public.
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“This is an unused trademark logo which has been applied for the purposes of bolstering the protection in Lidl’s logo,” Tesco representative Simon Malynicz said.
Tesco’s argument, which was dismissed in an earlier hearing at the High Court in June, is part of a counterclaim in response to a trademark infringement claim by Lidl.
Lidl accused Tesco of trying to “ride on the coattails” of its reputation for value by using a yellow circle on blue background as the logo for Tesco’s Clubcard Prices.
The discounter wants to ban Tesco from using the symbol.
Benet Brandreth, representing Lidl, told the court on Tuesday that Lidl had used the logo without its name and had a good commercial basis for applying for the trademark.
Judge Kim Lewison said a ruling would be given at a later date.
Lidl’s trademark infringement claim and further counterclaims from Tesco are due to proceed to trial at High Court early next year.
