Following a Supreme Court hearing in February, the court has now decided that the Tesco Clubcard logo was copied from the Lidl logo, reports the Retail Gazette.
Tesco must stop using the logo.
Judge Joanna Smith justified the decision by saying that Tesco took advantage of the fact that Lidl’s yellow circle symbolizes low prices for many people. According to him, Tesco used this trademark in a direct, deceptive way.
“For the past three years, Tesco has used the Clubcard logo to mislead many customers into believing that Tesco is price-matching with Lidl. We asked Tesco to change the Clubcard logo, but they refused to do so, so we had to initiate this case – said the British spokesperson of Lidl.
The discount chain argued that they had introduced trademarks for both logos with and without text. According to Tesco, however, the latter lacks distinctiveness, and each application for the registration of wordless trademarks was made in bad faith.
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