Arsenal Football Club V Reed
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Arsenal Football Club V Reed
Arsenal Football Club vs. Matthew Reed is a trademark infringement case in English law concerning the sale of unlicensed Merchandising, merchandise bearing the Arsenal F.C., Arsenal Football Club trademarks. The case revolved around Matthew Reed, who for approximately 30 years sold souvenirs near Arsenal Stadium, Arsenal's Highbury Stadium, some of which bore the club's registered trademarks. Arsenal FC initiated legal proceedings against Reed, alleging trademark infringement and passing off. The case ultimately reached the European Court of Justice (ECJ), which considered the implications of third-party use on the essential function of a trademark. The ECJ emphasized this "essential function" as guaranteeing the origin of goods, clarifying that even if a mark was perceived as a "badge of support" rather than an indicator of origin, its unauthorized use could still infringe if it jeopardized this guarantee. This was a significant development, broadening trademark protection beyond mer ...
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Trademark Infringement
Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the licence). Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, especially in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence civil legal proceedings against a party which infringes its registered trademark. In the United States, the Trademark Counterfeiting Act of 1984 criminalized the intentional trade in counterfeit goods and services. If the respective marks and products or services are entirely dissimilar, trademark infringement may still be established if the registered mark is well known pursuant to the Paris Convention. In the United States, a cause ...
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Merchandising
Merchandising is any practice which contributes to the sale of Product (business), products ("merch" colloquially) to a retail consumer. At a retail in-store level, merchandising refers to displaying products that are for sale in a creative way that entices customers to purchase more items or products. In retail commerce, visual display merchandising means merchandise sales using product design, selection, packaging, pricing, and display that stimulates consumers to spend more. This includes disciplines and discounting, physical presentation of products and displays, and the decisions about which products should be presented to which customers at what time. Often in a retail setting, creatively tying in related products or accessories is a great way to entice consumers to purchase more. Merchandising helps to understand the ordinary dating notation for the terms of payment of an invoice. Codified discounting solves pricing problems including markups and markdowns. It helps to ...
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Arsenal F
An arsenal is a place where weapon, arms and ammunition are made, maintenance, repair, and operations, maintained and repaired, stored, or issued, in any combination, whether Private property, privately or state-owned, publicly owned. Arsenal and armoury (British English) or armory (American English) are mostly regarded as synonyms, although subtle differences in usage exist. A sub-armory is a place of temporary storage or carrying of weapons and ammunition, such as any temporary post or patrol vehicle that is only operational in certain times of the day. Etymology The term in English entered the language in the 16th century as a loanword from , itself deriving from the term , which in turn is thought to be a corruption of , , meaning "manufacturing shop". Types A lower-class arsenal, which can furnish the materiel and equipment of a small army, may contain a laboratory, gun and carriage factories, small-arms ammunition, small-arms, harness, saddlery tent and powder facto ...
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Arsenal Stadium
Arsenal Stadium was a Association football, football stadium in Highbury, London, which was the home of Arsenal F.C., Arsenal Football Club between 6 September 1913 and 7 May 2006. It was popularly known as "Highbury" from the name of the district in which it was located, and was given the affectionate nickname of "The Home of Football". It was originally built in 1913 on the site of a local college's recreation ground, and was significantly redeveloped twice. The first reconstruction came in the 1930s, from which the Art Deco East and West Stands date. There was a second development; the first phase, which added executive boxes to the Clock End, was completed in 1989, and afterward in 1993 a new North Bank Stand was constructed. These latter developments both followed the recommendations of the Taylor Report by replacing the Terrace (stadium), terraces to make the stadium an all-seater with four stands. However, further attempts to expand the stadium were blocked by the comm ...
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Passing Off
Passing off is a common law tort which can be used to enforce unregistered trade mark rights. The tort of passing off protects the Goodwill (accounting), goodwill of a trader from misrepresentation. The law of passing off prevents one trader from misrepresenting goods or services as being the goods and services of another, and also prevents a trader from holding out his or her goods or services as having some association or connection with another when this is not true. Passing off and trade mark law A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of the trade dress (the whole external appearance or look-and-feel of a product, including any marks or other indicia used) which is considered to be similar to that of another party's product, including any registered or unregistered trademarks. Passing off is of particular significance where an action for trade mark infringement based on a registered trade mark is unlikel ...
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European Court Of Justice
The European Court of Justice (ECJ), officially the Court of Justice (), is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per Member State – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court to apply the resulting interpre ...
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Court Of Appeal (England And Wales)
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lady Chief Justice and the Master of the Rolls respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. Its decisions are binding on all courts, ...
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Registered Trademark
A trademark (also written trade mark or trade-mark) is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a product or service from a particular source and distinguishes it from others. Trademarks can also extend to non-traditional marks like drawings, symbols, 3D shapes like product designs or packaging, sounds, scents, or specific colours used to create a unique identity. For example, Pepsi® is a registered trademark associated with soft drinks, and the distinctive shape of the Coca-Cola® bottle is a registered trademark protecting Coca-Cola's packaging design. The primary function of a trademark is to identify the source of goods or services and prevent consumers from confusing them with those from other sources. Legal protection for trademarks is typically secured through registration with governmental agencies, such as the United States Patent and Trademark Office (USPTO) or the European Union Intellectual P ...
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Souvenir
A souvenir ( French for 'a remembrance or memory'), memento, keepsake, or token of remembrance is an object a person acquires for the memories the owner associates with it. A souvenir can be any object that can be collected or purchased and transported home by the traveler as a memento of a visit. The object itself may have intrinsic value, or be a symbol of experience. Without the owner's input, the symbolic meaning is lost and cannot be articulated. As objects The tourism industry designates tourism souvenirs as commemorative merchandise associated with a location, often including geographic information and usually produced in a manner that promotes souvenir collecting. Throughout the world, the souvenir trade is an important part of the tourism industry serving a dual role, first to help improve the local economy, and second to allow visitors to take with them a memento of their visit, ultimately to encourage an opportunity for a return visit, or to promote the locale to ...
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Merchandising
Merchandising is any practice which contributes to the sale of Product (business), products ("merch" colloquially) to a retail consumer. At a retail in-store level, merchandising refers to displaying products that are for sale in a creative way that entices customers to purchase more items or products. In retail commerce, visual display merchandising means merchandise sales using product design, selection, packaging, pricing, and display that stimulates consumers to spend more. This includes disciplines and discounting, physical presentation of products and displays, and the decisions about which products should be presented to which customers at what time. Often in a retail setting, creatively tying in related products or accessories is a great way to entice consumers to purchase more. Merchandising helps to understand the ordinary dating notation for the terms of payment of an invoice. Codified discounting solves pricing problems including markups and markdowns. It helps to ...
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High Court Of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal (England and Wales), Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at Court of first instance, first instance with all high-value and high-importance Civil law (common law), civil law (non-Criminal law, criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the #Chancery Division, Chancery Division and the #Family Division, Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to a ...
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