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8 November 2022FeaturesTrademarksMuireann Bolger

Lidl v Tesco: a turning point for evergreening?

Evergreening—the periodic re-filing of new trademark applications for the same goods and services—is frequently adopted by brand owners, but an interim judicial decision has potentially cast a withering look at its use as a defensive strategy.

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Trademarks
19 April 2023   Tesco’s Clubcard logo infringes Lidl’s, judge rules | Lidl claimed that Tesco was “riding on the coattails”of its reputation as a budget supermarket | But Tesco wins counterclaim that Lidl’s wordless mark was in bad faith.