Selasa, 17 Januari 2006

Badge Of Allegiance Defence: Does Anyone Know?


the European Court of Justice ruled that it was non a defence strength to an activeness for merchandise grade  BADGE OF ALLEGIANCE DEFENCE: DOES ANYONE KNOW?Does anyone know ...?

In Case C-206/01 Arsenal Football Club v Matthew Reed the European Court of Justice ruled that it was non a defence strength to an activeness for merchandise grade infringement for the accused to tell he was using another's merchandise grade every bit a "badge of allegiance" or "badge of loyalty" to betoken back upwards for a football game squad which the merchandise grade symbolised: the fact that the merchandise grade was used inwards such a agency did non hateful that it was non affecting the mark's essential purpose of guaranteeing the identity of the beginning of goods or services bearing that mark.

Arsenal logos earlier (above, right) as well as afterwards (below, left) the Reed litigation
the European Court of Justice ruled that it was non a defence strength to an activeness for merchandise grade  BADGE OF ALLEGIANCE DEFENCE: DOES ANYONE KNOW?
More than iv years arrive at got passed since that ruling, only it has non escaped the IPKat's detect that unauthorised merchandise is notwithstanding sold at or nigh football game grounds. Accordingly, the IPKat asks, does anyone know if whatever courts - inwards the United Kingdom of Great Britain as well as Northern Ireland of Britain as well as Northern Republic of Ireland or elsewhere - arrive at got refused to follow the ECJ draw of piece of job as well as arrive at got upheld a "badge of allegiance" defence? If you lot know of such an occurrence, tin you lot delight e-mail the IPKat here or post a Comment below. Any data received volition hold out made available on this blog.
the European Court of Justice ruled that it was non a defence strength to an activeness for merchandise grade  BADGE OF ALLEGIANCE DEFENCE: DOES ANYONE KNOW?
Merpel says, arrive at got off that Arsenal shirt - no-one volition always believe you lot are Thierry Henry!

Fake shirts here and here
Some surprising sponsored links offered to anyone searching "fake shirts" on Google here, here and here
More on Thierry Henry here, here and here

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