Arsenal Football Club Plc v Reed

Arsenal Football Club Plc v Reed

Clause 7 of the consent order does not oblige Arsenal to continue wholesale supply to Mr Reed or market traders indefinitely. The obligation is limited to ensuring comparable pricing for goods supplied while Arsenal remains in the wholesale market. There is no evidence of discrimination or breach, and no obligation to supply all products or impose terms on licensees.

Parties
Claimant/respondent: Arsenal Football Club, PLC; Defendant/appellant: Matthew Reed
Jurisdiction
England and Wales
Judgment Date
26 February 2014
Procedural Posture
Application / Judgment
Outcome
application dismissed
Legal Topics
Construction of Consent Orders, Trademark Infringement, Breach of Contract, Passing Off, Summary Assessment of Costs
Commercial Law Contract Law Intellectual Property Construction of Consent Orders Trademark Infringement Breach of Contract Passing Off Summary Assessment of Costs

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Parties

Arsenal Football Club, PLC

Claimant/respondent

Matthew Reed

Defendant/appellant

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether Arsenal breached clause 7 of the consent order by ceasing wholesale supply to Mr Reed
  2. 2 Whether Arsenal was obliged to continue wholesale supply to Mr Reed or market traders
  3. 3 Whether Arsenal discriminated against Mr Reed in pricing or supply

Ratio Decidendi

Clause 7 of the consent order does not oblige Arsenal to continue wholesale supply to Mr Reed or market traders indefinitely. The obligation is limited to ensuring comparable pricing for goods supplied while Arsenal remains in the wholesale market. There is no evidence of discrimination or breach, and no obligation to supply all products or impose terms on licensees.

Court Disposition

application dismissed

Orders

  • Mr Reed's application is dismissed
  • Defendant to pay claimant's costs, assessed on a summary basis