Tesco lost its appeal last week against an earlier ruling that found its Clubcard Prices logo was too similar to the logo of the retailer’s German rival, Lidl. The appeal judges essentially backed a High Court judge who had ruled that Tesco’s logo was an attempt to convince customers that the UK’s biggest retailer was matching Lidl’s prices. The British supermarket chain must now remove its iconic Clubcard Prices logo.
There are many legal commentaries available on the bunfight between Lidl and Tesco in relation to the legal complexities of trademark infringement, copyright infringement and bad faith. There are fewer musings about the commercial factors that might have prompted Tesco’s decision to take Lidl on at appeal and how the decision will actually affect Tesco’s
