Price-matching message checks out for Lidl

Witnesses, surveys and consumer reactions were among evidence that helped convince courts that Tesco’s sign conveyed a false price-matching message and a change in economic behaviour, explain Bird & Bird’s winning team.  

The high-profile dispute between supermarket retailers Lidl and Tesco has now come to a head at the Court of Appeal, with Lidl emerging as the winner.

The dispute related to Tesco’s adoption in 2020 and subsequent use of its Clubcard Prices logo for its discount price scheme, which Lidl claimed infringed a number of its IP rights in the well known Lidl logo. Lidl’s logo was protected as a trademark in two different forms, as shown below: