// Tesco wins right to argue at trial that Lidl applied for trademarks for a yellow circle against a blue background in “bad faith
// The Court of Appeal in London ruled on Wednesday that the grocer can appeal against Lidl
Tesco will argue at trial that Lidl applied for trademarks for a yellow circle against a blue background in “bad faith” after a London court on Wednesday allowed its appeal.
The grocer filed a counterclaim against Lidl last year, in response to its 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” scheme.
Tesco argued that Lidl registered a trademark of its logo without its name as a “legal weapon” to support the trademark over its more widely used logo.
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A lower court dismissed Tesco’s case on bad faith in June, but the Court of Appeal in London ruled 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.
Tesco 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 year.”
Lidl said: “This appeal is only a small procedural aspect of the case and we remain confident in the outcome of the trial in 2023.”
