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The Gunners Hit Back: Arsenal Football Club Plc -v- Matthew Reed.

Publication: Mondaq Business Briefing
Publication Date: 12-JUN-03 		Format: Online - approximately 1197 words
Delivery: Immediate Online Access

Article Excerpt
Arsenal Football Club Plc -v- Matthew Reed

Court of Appeal (Aldous, Clarke & Jonathan Parker, LJ)

[2003] ECWA Civ 96

Summary

Have Arsenal Football Club finally won their match against Matthew Reed, seller of unauthorised Arsenal merchandise, in the second half of extra time? The Court of Appeal has reversed the decision of Laddie J. (see Hot Topics for December 2002) that Reed had not infringed the trade marks, despite a ruling by the ECJ which appeared to have resolved the dispute in favour of AFC.

Background

AFC sued Reed for trade mark infringement and passing off because he was selling unauthorised merchandise bearing the AFC trade marks. At first instance, Laddie J. held as a fact that Reed was not using the marks to indicate the origin of the goods he sold, indeed Reed always told customers they were not AFC goods. Laddie J. held that Reed was using the marks as a badge of support, loyalty or affiliation.

Laddie J. had concluded that using the signs as a badge of loyalty was not a "trade mark...

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