Passing Off

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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…

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…