The defendant had sold memorabilia using the claimant’s name, and marks for thirty years. He sought to make it clear that the products were not sourced from the club. They were purchased, generally, by people who wore them as badges of allegiance to the club. The claim of passing off failed because the club had brought no evidence of confusion as to the source of them. The use appeared to infringe the claimant’s trade mark rights, but there is confusion as to whether such use constituted a non-trade mark use and could not be restrained by the Act, and whilst the judge was constrained to find for the claimant, he invited the parties to consider an appeal or reference to the European Court of Justice.
Citations:
Times 26-Apr-2001, [2001] EWHC Ch 440
Links:
Statutes:
Trade Marks Act 1994 10, Trade Marks Directive 89/104/EEC (1989 OJ No L40/5)
Citing:
Referred 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 . .
Cited by:
Reference 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 . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, European
Updated: 17 May 2022; Ref: scu.77875