Tesco has begun the process of replacing millions of Clubcard Prices logos, after losing a trademark battle with Lidl over the design.
The offending yellow circle in a blue square, which the High Court ruled infringed Lidl’s trademark rights for its similar yellow circle branding, has been swapped for a new design in Tesco’s app.
Instead of a yellow circle on blue, the new design consists of a yellow rectangle alongside a blue square.
Tesco has nine weeks from the date it lost its appeal on 19 March to replace over eight million Clubcard Prices logos in stores.
In June last year, when the High Court ruled Lidl could have an injunction setting the nine-week timeframe in the event Tesco lost on appeal, Tesco head of legal Ryan Hetherington put the cost of replacing all the signs at over £7m.
With the clock ticking to the 21 May deadline, new Clubcard Prices signs are also being rolled out now in stores, beginning a process of gradually phasing out the old ones over the next five weeks.
A Tesco spokesperson said: “As we start to roll out our new Clubcard Prices logo, we’re laser focused on the fantastic offers for our Clubcard customers with around 8,000 deals every week on everything from washing powder and store cupboard staples to clothing and homeware.”
The Court of Appeal last month upheld the High Court’s ruling that Tesco adopted its design in order to create a price comparison with Lidl.
Tesco said in the wake of the ruling it would honour the judgment and update Clubcard Prices logos in the coming weeks, while a Lidl spokesperson said: “We expect Tesco now to respect the court’s decision and change its Clubcard logo to one that is not designed to look like ours.”
John Coldham, IP partner at Gowling WLG, said of the verdict: “Lidl will be delighted by this result – there is a court finding that it has a reputation as a discounter that offers goods at low prices, and that Tesco adopted its Clubcard Prices logo in order to effect a price comparison.”
No comments yet