Arsenal Football Club plc v Reed
[2003] EWCA Civ 696
Ratio Decidendi
Use of a registered trade mark on goods, even if perceived by the public as a badge of allegiance rather than an indication of trade origin, constitutes trade mark infringement if it affects the essential function of the trade mark — guaranteeing the identity of the origin of the goods.
Ffeithiau
Mr Reed sold unofficial merchandise (scarves, hats, badges) bearing Arsenal's registered trade marks (the Arsenal name and cannon device) from a stall outside the club's Highbury stadium. He displayed a sign stating the goods were not official Arsenal merchandise. Arsenal sued for trade mark infringement.
Crynodeb o'r dyfarniad
The Court of Appeal, following a reference to the European Court of Justice, held that Reed's use of the Arsenal marks constituted trade mark infringement. The essential function of a trade mark is to guarantee the origin of goods, and Reed's use was liable to jeopardise that function. The fact that buyers may have perceived the marks as badges of allegiance did not prevent infringement.
Dyfyniadau allweddol
"The essential function of a trade mark is to guarantee the identity of the origin of the marked product to the consumer."
— ECJ ruling, applied by Court of Appeal
Triniaeth ddilynol
Applied in subsequent trade mark infringement cases involving sports merchandise and brand identity.