Lidl can have an injunction to stop Tesco copying its logo under the latest judgment in the battle between the two over a blue circle on yellow background.
The High Court ruling means Tesco will have nine weeks to remove existing Clubcard Prices logos – which use the blue and yellow design – from stores in the event an appeal is unsuccessful.
The judgement came despite Tesco head of legal Ryan Hetherington telling the court it would cost over £7m to do so, thanks to the “extremely widespread use” of the logo, with over eight million signs in stores.
Tesco had said an injunction was unnecessary and that a small payment to Lidl would be sufficient compensation for infringing its trademark, but the argument was rejected by Judge Joanna Smith.
Read more: Why Lidl’s victory over Tesco could prove a double-edged sword
“This is not a case in which the injury to Lidl is small, capable of being estimated in money and adequately compensated by a relatively small money payment,” Smith said.
“I agree with Lidl that the only certain way to put an end to the loss that Lidl is incurring by reason of the continuing use of the CCP signs is to grant a final injunction.”
The judgement, handed down last week, follows an earlier ruling that Tesco was copying Lidl’s yellow circle branding and taking unfair advantage of its reputation with the design.
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