Non-Trade Mark Use

Research output: Contribution to journalArticlepeer-review

Abstract

Examines the extent to which the approach of the EU and UK courts towards the enforcement of trade mark rights is contrary to the public interest in the sense that it diminishes non-commercial interests and the freedom of expression. Comments on the European Court of Justice ruling in Arsenal Football Club Plc v Reed (C-206/01) on whether the trade mark rights over the name ARSENAL prevented its use on unofficial merchandise as a sign of club affiliation. Assesses the sufficiency of the infringement exceptions provided by Directive 2008/95 (Trade Mark Directive) art.6.
Original languageEnglish
Pages (from-to)204-226
Number of pages23
JournalIntellectual Property Quarterly
Volume2012
Issue number4
Publication statusPublished - 2012

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