Lidl has won the first skirmish in its trade mark infringement case against Tesco concerning the latter’s use of a yellow circle on a blue background. In a judgment on 13 June 2022, Mrs Justice Joanna Smith DBE granted Lidl’s application to strike out Tesco’s counterclaim which had alleged that some of Lidl’s marks should be declared invalid on ground of bad faith. She also granted Lidl permission to rely on its survey evidence at trial. The case is now set to go to a full tr