Having already won the FA Cup, Arsenal secured another victory last week when the Court of Appeal gave judgment in their favour in the long-running trademark infringement claim against street trader Matthew Reed. However, from a UK trademark lawyer’s point of view, Arsenal’s victory was not as well-deserved as its FA Cup victory over Southampton.
The factual background was that Arsenal had trademark registrations for the words ‘Arsenal’ and ‘Arsenal Gunners’ as well as for their well-known cannon and shield emblems. The registrations covered articles of clothing, sportswear and footwear. Matthew Reed was a street trader who sold Arsenal football souvenirs and memorabilia from his stall outside Highbury. On his stall was a large sign which made it clear that the vast majority of goods for sale were unauthorised and did not imply or indicate any affiliation or relationship with Arsenal Football Club. Arsenal sued for trademark infringement and passing off.
