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ARTICLE · 07 JUNE 2021

Butcher's Beef With Lidl

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The recent case of Philip Warren and Son Ltd v Lidl Great Britain Ltd [2021] EWHC 1097 (Ch) considered the threshold of evidence for successfully bringing a claim in passing off when a...

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The recent case of Philip Warren and Son Ltd v Lidl Great Britain Ltd [2021] EWHC 1097 (Ch) considered the threshold of evidence for successfully bringing a claim in passing off when a family butcher took action against a discount supermarket in the branding of a range of fresh meat products.

Take home points

Even in circumstances where goodwill can be established, and the similarity of marks is not a significant issue to be determined, the need for clear and solid evidence of confusion is key to establishing operative misrepresentation and subsequent material damage.

Background

On 30 April 2021, Daniel Alexander QC, sitting as a Deputy Judge in the High Court, handed down judgment on a passing off claim brought by Philip Warren & Son Limited ("PWS") against Lidl Great Britain Ltd, Lidl UK Gmbh, Lidl Stiftung & Co KG (collectively "Lidl") through the Shorter Trials Scheme.

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