Arsenal Football Club Plc v Reed [2014] EWHC 781 (Ch) (26 February 2014)

Arsenal Football Club Plc v Reed [2014] EWHC 781 (Ch) (26 February 2014)

Clause 7 only obliges Arsenal to supply goods at comparable prices for so long as it remains in the wholesale market; there is no express or implied obligation to continue wholesale supply indefinitely or to supply all products. No evidence of discrimination or breach; withdrawal from wholesale was commercially justified and applied equally to all market traders.

Citation
[2014] EWHC 781 (Ch)
Parties
Claimant/respondent: Arsenal Football Club, PLC; Defendant/appellant: Matthew Reed
Jurisdiction
England and Wales
Judgment Date
26 February 2014
Procedural Posture
Application for Declaration and Enforcement of Consent Order / High Court Judgment Following Transfer From Court of Appeal
Outcome
Application dismissed
Legal Topics
Trade Mark Infringement, Passing Off, Consent Orders, Contractual Interpretation
Commercial Law Intellectual Property Law Trade Mark Infringement Passing Off Consent Orders Contractual Interpretation

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Parties

Arsenal Football Club, PLC

Claimant/respondent

Matthew Reed

Defendant/appellant

Procedural Posture

Application for Declaration and Enforcement of Consent Order / High Court Judgment Following Transfer From Court of Appeal

Legal Issues

  1. 1 Whether Arsenal breached clause 7 of the consent order by ceasing wholesale supply to Mr Reed
  2. 2 Interpretation of clause 7 regarding obligation to supply goods at comparable prices
  3. 3 Whether Arsenal discriminated against Mr Reed in supply or pricing

Ratio Decidendi

Clause 7 only obliges Arsenal to supply goods at comparable prices for so long as it remains in the wholesale market; there is no express or implied obligation to continue wholesale supply indefinitely or to supply all products. No evidence of discrimination or breach; withdrawal from wholesale was commercially justified and applied equally to all market traders.

Court Disposition

Application dismissed

Orders

  • Mr Reed's application for declaration and mandatory order is dismissed.
  • Defendant to pay claimant's costs, assessed on a summary basis.