TEGOS has been representing IKI Lietuva – the second largest retail chain in Lithuania – in a landmark case concerning the unauthorized use of trademarks in comparative advertising.
The dispute is notable for its legal novelty and complexity, particularly in the context of multi-jurisdictional advertising practices. It is expected to set a strong precedent in national case law on the relationship between comparative advertising and trademark protection, potentially influencing the future direction of the Lithuanian advertising industry.
This year, the matter has evolved into an even more multifaceted dispute, raising new legal and strategic challenges because Lidl filed a counterclaim against IKI, and both cases ae merged. The novelty of this new development includes a complex legal question whether or not daughter company UAB Lidl Lietuva has a right to file a trademark infringement case where all trademarks are held by holding company Lidl AG in Germany. This case will most definitely set a precedent on various legal questions, such as: (i) a right on nonexclusive licensee to bring a legal action in Lithuania; (ii) the question if comparative advertising rules can be applied to association marks and many more.
- Press coverage: here
