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ARTICLE · 22 JULY 2024

IP Ingredients: Summer Case Law Review

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As the summer reaches its peak and we reach for the ice-cream, it's time to catch up on the legal battles in the food & drink sector that have been decided upon in the first half of the year...

United KingdomIntellectual Property
Tanya Waller
Tanya Waller
Jennifer Bailey
Jennifer Bailey
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As the summer reaches its peak and we reach for the ice-cream, it's time to catch up on the legal battles in the food & drink sector that have been decided upon in the first half of the year.

Here we discuss some of the key decisions and reflect on what can be learned by both IP owners and challengers going forwards.

Trade marks & designs

[2024] EWCA Civ 262, Lidl Great Britain Limited and another v Tesco Stores Limited and another, Court of Appeal, 19th March 2024

Many may remember last years' decision issued by the High Court, which attracted media coverage given the high profile nature of these two parties. In that decision, the High Court held that Tesco's use of a sign featuring a yellow circle on a blue background, to advertise its "Clubcard Prices" offer, had infringed Lidl's trade marks and copyright and was also contrary to the laws of passing off. A significant win for Lidl, but with somewhat of a sting in the tail as the Judge also concluded

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