Arsenal take trademark fight to Europe
Arsenal Football Club’s long-running battle to protect its trademark reached the European Court of Justice in Luxembourg today.
After losing a High Court fight to prevent street trader Matthew Reed selling unofficial Arsenal merchandise, the club’s lawyers were claiming that his unauthorised use of the Gunners’ logo breached EU rules.
Arsenal fan Mr Reed has been selling goods from a stall at his home near the Highbury stadium for more than 30 years.
The words and designs on his goods are either similar or identical to the official brand marks registered by the club.
But the High Court ruled last year that he was not trying to claim his products were official, and that there was no evidence that the public was confused between the two.
Arsenal owns the rights to use ‘‘Arsenal’’, ‘‘Arsenal Gunners’’, and the familiar crest and cannon designs, all of which cover a wide range of clothes and soccer goods snapped up by fans.
However, the High Court ruled that there was no confusion between the official club goods and Mr Reed’s unofficial products, not least because his stall carried notices announcing that there was no link with the club.
The ruling said Mr Reed was not using the Arsenal signs as a trademark but as a badge of support and loyalty to the team.
Many fans, it said, bought hats, scarves and other goods, not because they were official club merchandise, but as a sign of support because the goods carry the word Arsenal.
If the European Court judges reach the same conclusion when they deliver a verdict later this year, it could open the door to many more ‘‘copycat’’ brand name goods, curtailing the monopoly rights assumed by owners of trademarks.
