Extract
Arsenal Football Club Plc v Reed, Court of Appeal - Chancery Division, April 06, 2001, [2001] EWHC 440 (Ch)
This judgment will be made available on the Court Service web site:http://www.courtservice.gov.uk under the heading ``judgments'' [2001] EWHC 440 (Ch)Case No: HC 1999-0038IN THE HIGH COURT OF JUSTICECHANCERY DIVISIONRoyal Courts of JusticeStrand, London, WC2A 2LLDate: 6 April, 2001B e f o r e :THE HONOURABLE MR JUSTICE LADDIE- - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - -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)- - - - - - - - - - - - - - - - - - - - -Hearing dates: 20 -22 March 2001Mr Justice Laddie: IntroductionThe claimant, Arsenal Football Club (``AFC''), hardly needs any introduction. As Mr John Hazell, its commercial manager and a witness in this action has explained, it was founded in 1886 and has consistently been one of the leading football clubs in the UK over the past century and, since the 1960s, in Europe. It has never been relegated from Division 1 of the Football League since being promoted to it in 1919, or from the Premier League, of which it is a founder member, since that League was established in 1992/93. It has won the FA Cup on seven occasions, most recently in 1997/1998, and has been League Champion of the Football League and the Premier League on six occasions most recently in the season 1997/1998. AFC has also experienced success in Europe, winning the European Cup Winners Cup in 1994 and being runners-up in the same competition the following year. It has also qualified for the UEFA Champions League for the past three seasons and reached the final of the UEFA Cup in the season 1999/2000. It has a dedicated following of supporters.AFC is known not only as ``Arsenal'' but also by its nickname, ``the Gunners''. For a long time it has also been associated with two graphics or logos. The first consists of a shield, referred to as the ``Crest Device'', the other, referred to as the ``Cannon Device'', depicts an artillery piece. They are as follows:The Crest Device:The Cannon Device:I shall refer to these two words and two devices together as the ``Arsenal Signs''.The defendant, Mr Matthew Reed, is, and since the early 1960s has been, an Arsenal fan. He describes himself as a self-employed proprietor of a wholesale and retail football merchandise company. Over thirty years ago he began a business of selling football souvenirs and memorabilia. He has been in that business ever since. Amongst the articles he sells are souvenirs and memorabilia which are likely to appeal to Arsenal supporters. By these proceedings, AFC is attempting to stop or curtail sale of some of these articles.The sale of souvenirs and memorabilia has become very lucrative. AFC now derives considerable income from it. Over the last ten years or so AFC has taken steps to try to ensure that as many as possible of the prod...See the full content of this document