(221)  TRADE MARKS: THE OLD FIRM FOLLOW ARSENAL

A street trader has been allowed to continue selling unofficial Old Firm merchandise after being cleared in Glasgow Sheriff Court of breaching the Trade Marks Act.  Joseph Gallacher sold unlicensed Celtic and Rangers goods from the back of a van on match days, using the clubs’ logos on his goods.  He made about £15,000 a year from the trade.   Sheriff Laura Duncan referred to the English case of Arsenal FC v Reed, decided in December 2002, in which Laddie J permitted street trader Matthew Reed to continue selling unofficial Arsenal sportswear despite a European Court of Justice ruling that the activity infringed Arsenal’s trade mark rights.  Sheriff Duncan said: This case leads a similar line as the one in England and, as such, an acquittal feels justifiable.  Mr Gallacher said the ruling was another victory for the man on the street.

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