The Club had claimed trade mark infringement against the defendant who sold Arsenal memorabilia, but claimed that the use was not a trade mark use. The case was referred to the European Court of Justice who decided in favour of the club, who then came back to the High Court in the instant case to enforce that decision with an injunction.
Held: The European Court appeared to have exceeded its jurisdiction, by finding a fact contrary to that found by the referring court, namely that some consumers would be confused as to the origin of the goods. Accordingly, the claimant was not entitled to its injunction to support that finding.
The Hon Mr Justice Laddie
Times 17-Dec-2002, Gazette 23-Jan-2003, [2002] EWHC 2695 (Ch)
Bailii
England and Wales
Citing:
Remitted from – Arsenal Football Club plc v Reed ECJ 12-Nov-2002
The trade mark owner sought orders against a street vendor who sold articles using their marks. He asserted that the marks were not attached to show any quality, but were used by the fans as badges of allegiance.
Held: The function of a trade . .
Cited by:
Appeal from – Arsenal Football Club Plc v Reed CA 21-May-2003
The claimant had obtained a judgment in the European Court on reference from the Chancery Division as to its claim against the defendant. On attempting to have that judgement enforced, the Chancery court found that the European Court had made a . .
Remitted to – Arsenal Football Club plc v Reed ECJ 12-Nov-2002
The trade mark owner sought orders against a street vendor who sold articles using their marks. He asserted that the marks were not attached to show any quality, but were used by the fans as badges of allegiance.
Held: The function of a trade . .
Lists of cited by and citing cases may be incomplete.
European, Intellectual Property
Updated: 20 November 2021; Ref: scu.178511