In the highly publicised dispute between Lidl and Tesco, the Court of Appeal has upheld the High Court’s finding of trade mark infringement and passing off by Tesco in respect of Tesco’s use of a blue and yellow sign for its Clubcard promotions.
However, the Court of Appeal has overturned the High Court’s finding of copyright infringement. This is likely to be welcomed by copyright lawyers as the High Court decision received a critical reaction from many legal commentators, particularly in respect of the Smith J’s finding of ‘substantial reproduction’.
Emma Dixon takes a look at the judgment, and how it offers us guidance on the law surrounding copyright infringement in an article for the Wolters Kluwer Trade Mark Blog. You can read the full article here.