The ECJ delivers its judgment in Arsenal v Reed
The conclusions of the ECJ in its Arsenal v Reed judgment delivered earlier today are of crucial importance for brand owners engaged in merchandising. The effect of the judgment will be to make it easier for them to prevent the sale of "unofficial" merchandise bearing their trade marks.
Background and issues
The case concerned the sale by Mr Reed of football souvenirs and memorabilia bearing the words "Arsenal", "Gunners" and the cannon and crest logos. These are all registered trade marks belonging to the well known English football club, Arsenal F.C. Mr Reed has been selling these goods from stands in or near the Arsenal football ground in Highbury, London for over 30 years. He has always made clear, most recently by the use of a sign at his stalls, that the goods are "unofficial". Arsenal made various attempts to stop Mr Reed from trading, and in 1999 sued him for trade mark infringement and passing off.
