In the third (and final) of our blogs reporting on the UK Court of Appeal decision in Lidl v Tesco, we examine the findings in relation to non-use revocation. At first instance, the judge found that certain trade mark registrations filed by Lidl in 1995, 2002, 2005 and 2007 for its ‘logo without text’ (the…
This is the first of three blog posts examining the UK Court of Appeal’s decision in the highly publicised dispute between Lidl and Tesco, concerning Tesco’s use of a blue and yellow sign (the “Tesco Sign”) for its Clubcard promotions. In a decision handed down on 19 March 2024, the Court of Appeal upheld the…
Recent posts have examined the UK courts’ approach to IP law post-Brexit, and have examined decisions handed down shortly before the coming into force of REULA on 1 January 2024 (the UK legislation marking the end of the supremacy of EU law in the UK). A further Court of Appeal decision from the end of…
At the end of last year, and shortly before the Retained EU Law (Revocation and Reform) Act 2023 (‘REULA’) came into force in the UK on 1 January 2024 (the legislation that officially brought an end to the principle of supremacy of EU law in the UK), the UK Court of Appeal departed from CJEU…
The start of 2024 marked a significant change in the UK legal landscape post-Brexit – the entry into force of the Retained EU Law (Revocation and Reform) Act 2023 (‘REULA’). This is the first of two blogs looking at REULA, and at the UK Courts’ approach to EU law following the UK’s departure from the…
We UK lawyers view with interest the developments in the “Brexit cases”, resulting in appeals to the CJEU in 3 cases, as discussed in various previous posts on this blog, the latest being the summary (here) of the AG opinion in the first case, BASMATI. The BASMATI case, and the related “Brexit cases” APE TEES…
Whether referred to as image rights, personality rights, right of publicity, portrait rights or simply likeness, having control over the use of your “image” can be an important right that – in one way or another and to various degrees – is respected in most jurisdictions. This is particularly true for persons whose image has…
Many of us who have done a PhD, remember that time around the beginning of the second year when anxiety and insecurity start substituting the passion and enthusiasm. We all needed a safe space and a friendly encouraging forum to reassure us that having your own research project is a worthwhile endeavour. To help inspire junior…
So, we’ve heard a lot about Lidl and Tesco. But – in the blog posts as in the judgment – copyright seems to be an afterthought. It might be that by paragraph 278 we all needed a coffee. It might be that we’re waiting for this point to be reviewed upon appeal. But as it…
This post is the second of four, considering the decision of Smith J in Lidl v Tesco [2023] EWHC 873 (Ch), focusing on the passing off element of the judgment. Many were surprised that Lidl was successful on this ground, as it was not a traditional case of selling goods as those of another. Background…
