Arsenal and Spurs Win Kit Trading Cases - 31/01/03

Arsenal has won its court battle over trademarks against Matthew Reed, a Gooner for forty years, who has sold souvenirs outside the ground since 1970. The club registered both its club logo and name as trademarks. The European Court of Justice has ruled that the Gunners signs on Mr Reed's goods were perceived as 'badges of support, loyalty or affiliation' and that it had not been proved that the public was not confused into believing that the products were authorised. This is in spite of a sign on his stall which says that the merchandise offered is not endorsed by the club. However, some trademark specialists said that the court had retreated from the earlier position of its advocate-general and had adopted a more restrictive interpretation of the trademarks directive. The Reed case will now go back to the High Court, but there is little doubt that the trader would now be ordered to halt the sale of the contentious merchandise. The decision has implications for the traders who can be seen outside any other major ground before a match. One lawyer commented that Mr Reed was selling Arsenal souvenir items long before the club even thought about registering its name as a trademark and saw no reason why he should be stopped.

Spurs win kit trading case

In January 2003 it was the turn of Spurs to claim victory in a kut trading case. A street trader had argued that the 'Tottenham' brand was not the sole property of the club as it also denotes an area of London. But the Trade Marks Registry dismissed his appeal against an earlier dismissal of his attempt to block the registration.

Matthew Reed will not be able to sell his full range of merchandise for much longer