Arsenal Football Club PLC v. Matthew Reed
England and Wales Court of Appeal
2003 E.T.M.R. 73 (2003)
- Written by Wesley Bernhardt , JD
Facts
Arsenal Football Club PLC (Arsenal) (plaintiff) alleged that Matthew Reed (defendant) infringed Arsenal’s trademark of the term “Arsenal,” referring to Arsenal's internationally famous soccer team. Reed sold sports memorabilia referencing the Arsenal soccer team and claimed that his use could not infringe because the trademark was being used in a show of loyalty to the Arsenal soccer team rather than infringing trademark usage. Unlike official Arsenal goods, Reed’s products did not claim to be coming officially from Arsenal. Justice Laddie referred the relevant legal questions to the European Court of Justice. The European Court of Justice responded that it was immaterial that an individual’s use of a trademark was done out of brand loyalty. The case was transferred back to Justice Laddie, who concluded that trademark infringement had not occurred. Arsenal appealed. Reed argued that even if use of a mark was identical, it could not infringe on a trademark unless that mark was used in a manner that falsely indicated that the party holding the trademark was actually the origin of the goods.
Rule of Law
Issue
Holding and Reasoning (Aldous, J.)
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