Arsenal Football Club Plc v the defendant: unofficial merchandise seller infringed trademarks
Arsenal Football Club Plcvthe defendant
- Court
- Court of Appeal
- Judgment
- 21 May 2003
- Citation
- [2003] EWCA Civ 696
Using someone else's name or logo on goods can infringe even if buyers know it's unofficial.
Arsenal Football Club sued a street trader for selling unofficial scarves and hats bearing its name near the ground. The Court of Appeal found in Arsenal's favour, ruling that the sales infringed Arsenal's trademarks.
What happened
The defendant sold scarves, hats and other merchandise near Arsenal's football ground, using signs identical to Arsenal's registered trademarks. The stall was marked as unofficial and not licensed by the club. At the original trial, the judge found the defendant's use was not trademark use at all because fans bought the goods as a badge of loyalty to the club, not because they believed Arsenal had made or approved them. The case went to the European Court of Justice for guidance, and after that ruling came back, the trial judge maintained the finding of no infringement. Arsenal appealed.
What did the court decide in Arsenal Football Club Plc v the defendant?
The Court of Appeal held that the trial judge had misread the European Court's ruling. The European Court had not made findings of fact that the trial judge was free to reject. It had explained that infringement depends on whether the third party's use is liable to jeopardise the trademark's job of guaranteeing where goods come from, not on whether buyers actually believed the goods came from Arsenal. On the evidence, using signs identical to Arsenal's marks on identical goods was liable to damage that guarantee of origin. That was enough for infringement, regardless of what fans thought they were buying. The appeal was allowed.
What we learned from this
- What I'd take from this is that what a court thinks customers believed about where goods came from isn't the only test. The real question is whether the use could damage the trademark's function of guaranteeing origin.
- Marking goods as unofficial or unlicensed doesn't automatically protect a seller from a trademark infringement claim.
Things to be aware of
- Much of the Court of Appeal's detailed reasoning on passing off and on what counts as trademark use was not strictly necessary to the decision, since the appeal succeeded on the narrower point about how the European Court's ruling was to be applied.
The businesses involved
Arsenal Football Club Plc
Registered in England since 1910 as The Arsenal Football Club Limited. Active, operates as a professional football club and holds a large portfolio of registered trademarks covering its name and crest on the UK trademark register.
- Companies House
- 00109244 Active
- Incorporated
- April 1910
- Registered office
- London
- Business activity
- Activities of sport clubs
- UK trademarks
- 60
The defendant
A street trader who sold football merchandise, including scarves and hats, near Arsenal's football ground. The goods were marked as unofficial and not licensed by the club.
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This page is for information purposes only and does not constitute trademark advice or guidance. Summary drafted with AI assistance from the published judgment and checked by The Trademark Helpline (how we write these). Judgment: [2003] EWCA Civ 696 on Find Case Law, published under the Open Justice Licence. Company details from Companies House; trademark counts from the UK trademark register. Last reviewed 27 October 2026. Report an error.
