England and Wales High Court (Chancery Division) Decisions

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Cite as: [2001] EWHC Ch 429

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Arsenal Football Club Plc v. Reed [2001] EWHC Ch 429 (1st May, 2001)

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
	- and -
	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?"