TRADE MARKS IN ALL THEIR GLORY

First Arsenal v Reed, now Rangers v Gallacher

The IPKat is grateful to Hector McQueen of Edinburgh University, who sent him this morsel from his Scots Law News service:

On 17 February 2006 Sheriff Craig Scott of Glasgow acquitted Joseph
Gallacher of criminally infringing the registered trade marks of
Glasgow Rangers FC by selling hats and scarves bearing the word
“Rangers” or an “RFC” monogram without any licence from the club to
enable him to do so (see Dyer v Gallacher 2006 GWD 7-136). This was Mr
Gallacher’s second acquittal in a case of this kind – see previously No
221 - and was also despite developments in the mainstream case law in
this area since the first case, in particular the decisions of the
European Court of Justice and the English Court of Appeal that the use
of marks as badges of affiliation, support and loyalty is none the less
trade mark use (see Arsenal FC plc v Reed [2003] RPC (9) 144 (ECJ);
[2002] EWHC 2695 (Ch, Laddie J); [2003] RPC (39) 696 (CA)).

Sheriff Scott thought that the critical issue was whether the use complained of
in the case before him was liable to jeopardize the guarantee of origin
which was the mark’s essential function, and that the evidence was
insufficient to establish this. Scots Law News suggests respectfully
that this is just incorrect law, however sympathetic it may be to the
outcome of the actual case. Mr Gallacher remarked: "This was a big,
big victory for myself and other street traders. Trade mark laws are a
complex issue. Once again, there has not been a watertight case before
it has come to court." He should enjoy it while he can.

The full text of the judgment is available here

Don’t forget…

Tomorrow (Monday 27 March) at 5.30pm Judge Fysh is speaking at QMIPRI about 'Consenting to Parallel Imports: is Economic Linkage the Correct Test?'

All are welcome and no donation/loan/bribe is necessary, but please RSVP to Ilanah.