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The Lidl v Tesco Appeal - Lord Justice Arnold on Copyright

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  Jane Lambert Court of Appeal  (Lord Justices Lewison, Arnold and Birss)  Lidl Great Britain Ltd and Another v Tesco Stores Ltd and Anothe r (Rev1) [2024] EWCA Civ 262 (19 March 2024) This is the third of my supplementary articles on Lord Justice Jackson's judgment in Lidl Great Britain Ltd and Another v Tesco Stores Ltd and Anothe r (Rev1) [2024] EWCA Civ 262 (19 March 2024). I explained the reasons for these supplementary articles in the second paragraph of Lord Justice Arnold's Guidance on Trade Mark Law in the Lidl v Tesco Appeal on 25 March 2024. In this article, I discuss Lord Justice Arnold's guidance on copyright which he set out in paras [38] to [44] of his judgment. Lord Justice Arnold acknowledged at para [38] that little dispute before the judge as to the applicable principles of copyright law but he chose to comment on them anyway because Mrs Justice Joanna Smith "did not have the benefit of  t he subsequent decisions of the Court of Appeal] in Wright

The Lidl v Tesco Appeal: Lord Justice Arnold on Passing off

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Author: Paul Hurst Licence CC   BY-SA 2.5 Deed   Source Wikimedia Commons Jane Lambert Court of Appeal (Lord Justices Lewison, Arnold and Birss) Lidl Great Britain Ltd and Another v Tesco Stores Ltd and Anothe r (Rev1) [2024] EWCA Civ 262 (19 March 2024 ) This is the second of my supplementary articles on Lord Justice Jackson's judgment in   Lidl Great Britain Ltd and Another v Tesco Stores Ltd and Anothe r (Rev1) [2024] EWCA Civ 262 (19 March 2024). I explained the reasons for these supplementary articles in the second paragraph of  Lord Justice Arnold's Guidance on Trade Mark Law in the Lidl v Tesco Appeal   yesterday.  In this article, I shall discuss Lord Justice Arnold's guidance on passing off  which he set out in paras [27] to [35] of his judgment. The learned Lord Justice said in para [28] that the fundamental principle underlying the law of passing off may be simply stated in contemporary language as "no person may misrepresent their goods or services to be t

Lord Justice Arnold's Guidance on Trade Mark Law in the Lidl v Tesco Appeal

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Sir Richard Arnold Author Dakej2point3   Licence CC BY-SA 4.0  Deed   Source Wikimedia Commons   Jane Lambert Court of Appeal (Lord Justices Lewison, Arnold and Birss) Lidl Great Britain Ltd and Another v Tesco Stores Ltd and Anothe r (Rev1) [2024] EWCA Civ 262 (19 March 2024) Yesterday I discussed the Court of Appeal's judgment in  Lidl Great Britain Ltd and Another v Tesco Stores Ltd and Anothe r  (Rev1) [2024] EWCA Civ 262 (19 March 2024) in Trade Marks - The Appeal in Lidl v Tesco .  I explained that Lord Justice Arnold had delivered the lead judgment which consisted of 196 paragraphs.  He set out the grounds of the appeal by Tesco Stores Ltd and Tesco Plc ("Tesco") against Mrs Justice Joanna Smith's findings on trade mark infringement and passing off at para [122] and its grounds of appeal against her findings on copyright infringement at para [188]. Paras [123] to [161] addressed the appeal against the judge's findings on passing off, paras [162] to [170]

Trade Marks - The Appeal in Lidl v Tesco

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  Jane Lambert Court of Appeal (Lord Justices Lewison, Arnold and Birss) Lidl Great Britain Ltd and Another v Tesco Stores Ltd and Anothe r (Rev1) [2024] EWCA Civ 262 (19 March 2024) In  Lidl Great Britain Limited and another v Tesco Stores Ltd and another [ 2023] EWHC 873 (Ch) (19 April 2023), Mrs Justice Joanna Smith held that Tesco Stores Ltd and Tesco Plc ("Tesco") were liable to  Lidl Great Britain Ltd and Lidl Stiftung & Co KG ("Lidl") for trade mark and copyright infringement and passing off . She also found for Tesco on part of their counterclaim for invalidation of several of Lidl's marks.  I discussed that judgment in  Trade Marks - Lidl v Tesco   on 1 May 2023 and a further judgment in  Discretion in Awarding Final Injunctions- Lidl v Tesco  on 29 June 2023. The Appeal Tesco appealed against the finding of trade mark and copyright infringement and passing off and Lidl against the invalidation of their marks,  The appeal was heard by Lord Jus