Lidl and Tesco have been ridiculed over their recent copyright spat which saw the latter lose a court appeal over using a yellow circle – similar to the Lidl logo – to promote its Clubcard loyalty scheme.
Tesco – Britain’s largest supermarket chain – had been accused of attempting “deliberately to ride on the coattails of Lidl’s reputation” by the cut-price German retailer.
The High Court yesterday found that the yellow circle with a red outline on a blue background “had become distinctive of Lidl” and that the Clubcard prices signs would bring its logo “to mind”.
The decision was met with derision online, with social media users pointing out the “irony of Lidl complaining about someone copying their graphic stylings” – but now, On the Beach, a UK travel agent, has weighed in to poke fun at the ruling.
Tesco are expected to withdraw their yellow Clubcard branding – but that didn’t stop On the Beach from getting in on the action
On the Beach/GETTY/Reuters
The travel agency, which specialises in package holidays in Europe and the Mediterranean, repurposed the yellow circle on a blue background as a sun in a series of tongue-in-cheek ads.
One of the banners advertises a cheap holiday deal to Spanish island Majorca and reads: “Lidl prices on holidays in the sun (which is what this yellow circle represents).”
Another references Lidl’s ‘ownership’ over the yellow circle, saying: “Pop some sunshine in your basket because no-one owns sunny circles.”
While a third jabs at Tesco’s expected removal of its Clubcard branding to promote a mobile data deal, and reads: “Free mobile data on holiday, you won’t find that kind of deal on a supermarket shelf.”
MORE COPYRIGHT CONTROVERSY:
Travel agency On the Beach released the punchy ads after yesterday’s High Court ruling
On the Beach
Zoe Harris, chief customer officer at On the Beach, said: “Last time we checked, Lidl don’t own yellow circles with deals on.
“Our brand colours are yellow and blue, and we have better bargains than Lidl and Tesco when it comes to holidays, so we thought we’d release our own yellow circle deals and messages.
“Best of all, you don’t need a Clubcard to get these deals!”
“One thing is for sure, Lidl can never own that yellow circle in the sky and they certainly can’t stop you from enjoying it on your next holiday, all whilst getting our free mobile data perk. Just don’t waste it on checking any supermarket deals.”
After yesterday’s ruling, a Lidl spokesperson said: “Last year, The High Court ruled that Tesco’s Clubcard logo was copied from ours and infringed our trademark rights, allowing them to unfairly benefit from our longstanding reputation for value while misleading its customers.
“We are delighted to see that the Court of Appeal has now agreed with the High Court that Tesco’s use of its Clubcard logo is unlawful… We expect Tesco now to respect the court’s decision and change its Clubcard logo to one that is not designed to look like ours.”
A Tesco spokesperson said: “Our customers always tell us just how important Clubcard Prices are to giving them great value – and it’s been a key reason why we’re consistently the cheapest full-line grocer.
“We are disappointed with the judgment relating to the colour and shape of the Clubcard Prices logo but would like to reassure customers that it will in no way impact our Clubcard Prices programme.”
Tesco is not expected to attempt to appeal against the ruling, and is understood to be updating its Clubcard prices logo in the coming weeks.
Source Agencies
