Arsenal Football Club Plc v Reed [2002] EWHC 2695 (Ch) (12 December 2002)

Arsenal Football Club Plc v Reed [2002] EWHC 2695 (Ch) (12 December 2002)

The ECJ's guidance on the law must be applied to the facts as found by the High Court. Since the High Court found that the use of the Arsenal signs on Mr Reed's products would not be perceived as indicating trade origin, there is no trade mark infringement. The ECJ exceeded its jurisdiction by making findings of fact, which are not binding on the national court.

Citation
[2002] EWHC 2695 (Ch)
Parties
Claimant: Arsenal Football Club PLC; Defendant: Matthew Reed
Jurisdiction
England and Wales
Judgment Date
12 December 2002
Procedural Posture
Civil Intellectual Property / Post ECJ Reference, Final High Court Judgment
Outcome
Claim dismissed on trade mark infringement; defendant succeeds.
Legal Topics
Trade Mark Infringement, Passing Off, Jurisdiction of ECJ, Interpretation of Trade Mark Directive
Intellectual Property European Union Law Trade Mark Infringement Passing Off Jurisdiction of ECJ Interpretation of Trade Mark Directive

Case Brief

Summary, issues, holding and outcome

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Parties

Arsenal Football Club PLC

Claimant

Matthew Reed

Defendant

Procedural Posture

Civil Intellectual Property / Post ECJ Reference, Final High Court Judgment

Legal Issues

  1. 1 Whether use of a registered trade mark as a badge of support, loyalty or affiliation constitutes infringement under Article 5(1)(a) of the Trade Mark Directive
  2. 2 Whether the ECJ exceeded its jurisdiction by making findings of fact on a reference from a national court
  3. 3 Whether the defendant's use of the Arsenal marks was as a trade mark indicating origin

Ratio Decidendi

The ECJ's guidance on the law must be applied to the facts as found by the High Court. Since the High Court found that the use of the Arsenal signs on Mr Reed's products would not be perceived as indicating trade origin, there is no trade mark infringement. The ECJ exceeded its jurisdiction by making findings of fact, which are not binding on the national court.

Court Disposition

Claim dismissed on trade mark infringement; defendant succeeds.