First Arsenal v Reed, directly Rangers v Gallacher
is grateful to Hector McQueen of Edinburgh University, who sent him this morsel from his Scots Law News service:
On 17 Feb 2006 Sheriff Craig Scott of Glasgow acquitted Joseph
Gallacher of criminally infringing the registered merchandise marks of
Glasgow Rangers FC past times selling hats in addition to scarves bearing the word
“Rangers” or an “RFC” monogram without whatsoever licence from the companionship to
enable him to produce in addition to thus (see Dyer v Gallacher 2006 GWD 7-136). This was Mr
Gallacher’s instant acquittal inwards a representative of this form – encounter previously No
221 - in addition to was likewise despite developments inwards the mainstream representative police in
this expanse since the commencement case, inwards item the decisions of the
European Court of Justice in addition to the English linguistic communication Court of Appeal that the use
of marks equally badges of affiliation, back upward in addition to loyalty is none the less
trade grade utilisation (see Arsenal FC plc v Reed [2003] RPC (9) 144 (ECJ);
[2002] EWHC 2695 (Ch, Laddie J); [2003] RPC (39) 696 (CA)).
Sheriff Scott idea that the critical number was whether the utilisation complained of
in the representative earlier him was liable to jeopardize the guarantee of origin
which was the mark’s essential function, in addition to that the testify was
insufficient to constitute this. Scots Law News suggests respectfully
that this is only wrong law, soundless sympathetic it may last to the
outcome of the actual case. Mr Gallacher remarked: "This was a big,
big victory for myself in addition to other street traders. Trade grade laws are a
complex issue. Once again, at that topographic point has non been a watertight representative before
it has come upward to court." He should bask it acre he can.
in the representative earlier him was liable to jeopardize the guarantee of origin
which was the mark’s essential function, in addition to that the testify was
insufficient to constitute this. Scots Law News suggests respectfully
that this is only wrong law, soundless sympathetic it may last to the
outcome of the actual case. Mr Gallacher remarked: "This was a big,
big victory for myself in addition to other street traders. Trade grade laws are a
complex issue. Once again, at that topographic point has non been a watertight representative before
it has come upward to court." He should bask it acre he can.
The amount text of the judgment is available here
Don’t forget…
Tomorrow (Monday 27 March) at 5.30pm Judge Fysh is speaking at QMIPRI close 'Consenting to Parallel Imports: is Economic Linkage the Correct Test?'
All are welcome in addition to no donation/loan/bribe is necessary, but delight RSVP to Ilanah.
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