When is a TM registration made in bad faith?
In June 2022, we reported on a judgment striking out aspects of Tesco’s counterclaim in its trade mark dispute with rival supermarket Lidl. The Court of Appeal recently upheld Tesco’s appeal against that finding, in a decision that provides further clarification on the law on bad faith and trade marks (Lidl Great Britain Ltd & Anor v Tesco Stores & Anor). Bad faith The appeal mainly concerned Lidl’s wordless mark (pictured). Lidl’s first application to register this at the UK