Arsenal Football Club plc v. Reed (2003)

“A trademark on a fan’s scarf is not mere ornament—it symbolizes loyalty, origin, and pride.”

Short Description :

This case explored how far trademark protection extends to merchandise and fan goods. The decision confirmed that even when consumers realize a product is “unofficial,” using a registered mark without permission still infringes because it undermines the owner’s control over brand identity and quality assurance.

Facts :

Matthew Reed, a street vendor, sold scarves, caps, and other items bearing Arsenal Football Club’s name and crest outside the club’s stadium. He admitted the goods were not authorized but argued that customers bought them simply as souvenirs, not believing them to be official merchandise. Arsenal claimed that such use weakened its exclusive rights and damaged its commercial value. The dispute traveled from the High Court to the CJEU for interpretation of EU trademark law.

Findings / Reasoning :

The court held that the primary function of a trademark is to guarantee origin and quality. By selling goods with Arsenal’s marks, Reed used the sign in a trademark sense, creating an association between the goods and the club. The argument that customers knew the products were unofficial was irrelevant because the mark’s economic and reputational functions were still affected. Thus, the use constituted infringement.

Suggestions / Observations :

The case emphasized that trademarks have both commercial and emotional significance, particularly in sports merchandising. It cautioned traders that reproducing club logos or symbols, even for fan memorabilia, without permission, breaches trademark law. The judgment also reinforced brand merchandising as a distinct right within modern trademark jurisprudence.

Judgment & Date :

In 2003, the Court of Justice of the European Union upheld Arsenal’s claim and prohibited Reed from selling any goods bearing the club’s registered trademarks.