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N. 5, November 2002
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 | News
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| European Union. The European Court of Justice decides for Arsenal Football Club in its trade mark case against Reed
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On the 12 November 2002, the European Court of Justice (ECJ) delivered its decision on the trade mark and passing off case that involves Arsenal Football Club and the trader Matthew Reed.
These were briefly the facts: Mr Reed had been selling goods bearing unauthorised Arsenal's logos and symbols for more than 30 years, and he always warned that they were unofficial products. However, the Club brought proceedings against the trader, by alleging trade mark infringement and passing off. Before the High Court of Justice, Reed defended his activity on the grounds that the use of the emblems was "a badge of allegiance" and that he always warned customers that the products were not official products.
The case was referred to the ECJ for a preliminary ruling on the question of whether a use other than those contemplated by the Directive 89/104 of a trademark by a third party can constitute infringement of a registered trade mark right; that is to say, whether only use as a trade mark is capable of infringing the rights conferred by trade mark registration, or whether the use of a sign as a "non-trademark" could also infringe.
The ECJ gave its ruling for Arsenal, stating that "where a third party uses in the course of trade a sign which is identical to a validly registered trade mark on goods which are identical to those for which it is registered, the trade mark proprietor of the mark is entitled to prevent that use. It is immaterial that, in the context of that use, the sign is perceived as a badge of support for or loyalty or affiliation to the trade mark proprietor".
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