Tesco has lost an appeal in a row with discount rival Lidl over the use of a yellow circle against a blue background in its Clubcard branding.
The High Court ruled last year that the UK’s biggest retailer had taken “unfair advantage” of the Germany-based firm’s distinctive reputation for low prices when it brought in the Clubcard Prices discount scheme.
However, the judge in the case last April rejected the claim that Tesco had “the deliberate subjective intention of riding on Lidl’s coat tails”.
Lidl has traditionally used a yellow circle on a blue background in its main logo.
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While the Court of Appeal backed the earlier finding that Lidl’s trademark had been infringed, it also overturned a decision on copyright in Tesco’s favour.
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