Passionate about IP! Since June 2003 the IPKat has covered copyright, patent, trade mark, designs, info-tech and confidentiality issues from a mainly UK and European perspective. Read, post comments and participate!

The team is Eleonora Rosati, Annsley Merelle Ward and Merpel. E-mail the Kats here!

The team is joined by GuestKats Kevin Bercimuelle-Chamot, Jocelyn Bosse, Alessandro Cerri, Anastasiia Kyrylenko, Marcel Pemsel and Anna Maria Stein.

SpecialKats: Verónica Rodríguez Arguijo (TechieKat), Antonios Baris (Book Review Editor), Rose Hughes (PatKat) and Chijioke Okorie (Africa Correspondent).

InternKats: Asude Sena Moya and Söğüt Atilla.
Home / Jeremy Phillips / BADGE OF ALLEGIANCE DEFENCE: DOES ANYONE KNOW?

BADGE OF ALLEGIANCE DEFENCE: DOES ANYONE KNOW?

-

Does anyone know ...?

In Case C-206/01 Arsenal Football Club v Matthew Reed the European Court of Justice ruled that it was not a defence to an action for trade mark infringement for the defendant to say he was using another's trade mark as a "badge of allegiance" or "badge of loyalty" to indicate support for a football team which the trade mark symbolised: the fact that the trade mark was used in such a manner did not mean that it was not affecting the mark's essential function of guaranteeing the identity of the origin of goods or services bearing that mark.

Arsenal logos before (above, right) and after (below, left) the Reed litigation

More than four years have passed since that ruling, but it has not escaped the IPKat's notice that unauthorised merchandise is still sold at or near football grounds. Accordingly, the IPKat asks, does anyone know if any courts - in the UK or elsewhere - have refused to follow the ECJ line and have upheld a "badge of allegiance" defence? If you know of such an occurrence, can you please email the IPKat here or post a Comment below. Any information received will be made available on this blog.

Merpel says, take off that Arsenal shirt - no-one will ever believe you are Thierry Henry!

Fake shirts here and here
Some surprising sponsored links offered to anyone searching "fake shirts" on Google here, here and here
More on Thierry Henry here, here and here
BADGE OF ALLEGIANCE DEFENCE: DOES ANYONE KNOW? BADGE OF ALLEGIANCE DEFENCE: DOES ANYONE KNOW? Reviewed by Jeremy on Wednesday, January 04, 2006 Rating: 5

1 comment:

  1. AnonymousThursday, 5 January 2006 at 11:11:00 GMT

    I think you are reading too much into the Arsenal decision. The mere replication of a registered trade mark is not in itself an infringement. However, Reed affixed the Arsenal sign to his shirts in the places customers would normally expect to see a sign designating trade origin – and that is why he was found liable.

    ReplyDelete

All comments must be moderated by a member of the IPKat team before they appear on the blog. Comments will not be allowed if the contravene the IPKat policy that readers' comments should not be obscene or defamatory; they should not consist of ad hominem attacks on members of the blog team or other comment-posters and they should make a constructive contribution to the discussion of the post on which they purport to comment.

It is also the IPKat policy that comments should not be made completely anonymously, and users should use a consistent name or pseudonym (which should not itself be defamatory or obscene, or that of another real person), either in the "identity" field, or at the beginning of the comment. Current practice is to, however, allow a limited number of comments that contravene this policy, provided that the comment has a high degree of relevance and the comment chain does not become too difficult to follow.

Learn more here: http://ipkitten.blogspot.com/p/want-to-complain.html

Subscribe to: Post Comments ( Atom )
Powered by Blogger.