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England and Wales High Court (Chancery Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Chancery Division) Decisions >> Arsenal Football Club Plc v. Reed [2001] EWHC Ch 429 (1st May, 2001) URL: http://www.bailii.org/ew/cases/EWHC/Ch/2001/429.html Cite as: [2001] EWHC Ch 429 |
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Case No: HC 1999-0038
IN THE HIGH COURT
OF JUSTICE
CHANCERY DIVISION
Royal Courts
of Justice
Strand, London, WC2A 2LL
Date: 1 May, 2001
B e f o r e :
THE HONOURABLE MR JUSTICE LADDIE
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ARSENAL FOOTBALL CLUB PLC |
Claimant |
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MATTHEW REED |
Defendant |
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Mr S Thorley
QC and Mr T Mitcheson (instructed by Lawrence Jones for the Claimant)
Mr A Roughton and Mr Malynicz (instructed by Stunt & Son for the Defendant)
REFERENCE TO THE EUROPEAN COURT OF JUSTICE
The following questions are to be referred to the European Court of Justice:
"1. Where a trade mark is validly registered and
(a) a third party uses in the course of trade a sign identical with that trade mark in relation to goods which are identical with those for which the trade mark is registered; and
(b) the third party has no defence to infringement by virtue of Article 6(1) of the Directive;
does the third party have a defence to infringement on the ground that the use complained of does not indicate trade origin (i.e. a connection in the course of trade between the goods and the trade mark proprietor)?
2. If so, is the fact that the use in question would be perceived as a badge of support, loyalty or affiliation to the trade mark proprietor a sufficient connection?"
