Lidl V Tesco: When Only An Injunction Is Adequate Relief

The battle of the supermarkets continues...

After a consequential hearing which took place in May 2023, and following the handing down of the subsequent approved judgment in June 2023, the presiding judge, Mrs Justice Joanna Smith, has decided not to exercise the court's discretion to award damages in lieu of a final injunction in the Lidl v Tesco dispute.

Whilst Tesco's legal team sought to persuade the judge that the damage to Lidl was small, was capable of being estimated in money and would be adequately compensated by a relatively small payment, the judge confirmed that the prima facie starting position, having determined that there had been copyright infringement, was that an injunction should be granted and that to do so would not be oppressive to Tesco.