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.

Nirmal Trivedy and Amelia Sainsbury explore why this happened in an article for the Wolters Kluwer Trade Mark blog that you can read here.