ENGLAND: The London High Court defied a European Court of Justice ruling yesterday to back a street trader who has irked English soccer champions Arsenal for three decades by selling unofficial club merchandise. It is believed to be the first time an English judge has overruled a European Court decision in this way.
"Nobody thought I would win. It's fantastic," trader Matthew Reed said after the court ruled he could go on peddling his cut-price wares outside Arsenal's Highbury stadium.
Mr Justice Laddie found that the Luxembourg-based European court had "exceeded its jurisdiction" by ruling in November that Mr Reed was infringing Arsenal's copyright, rather than just setting out the law so the High Court could make a final decision.
Arsenal is expected to appeal to the English Court of Appeal.
"I am not out of the fire yet, but I feel wonderful. I'm going home to take the missus out for a beer," Mr Reed added, minutes after the High Court ruling.
"I don't hate Arsenal - I'm a supporter. But I'm just trying to make a living. This is all about the small guy against the big guy. It's about the right to go to work."
In a blow not just to Arsenal, but to other leading soccer clubs whose profits are hit by bootleg traders, the High Court judge ruled Mr Reed can go on using the "Gunners" name and shield and cannon logo - at least until a Court of Appeal ruling.
The judge considered the club's symbols not as trademarks but as "badges of allegiance" that do not create confusion on Mr Reed's merchandise because customers know they are not official.
Mr Justice Laddie said last week he was being asked by Mr Reed's legal team to "walk the judicial gangplank" by disagreeing with the European verdict. "To say to the European Court of Justice 'You don't know what you are doing' and 'please go away' is not something that is going to lead to a quiet life." At the opening of the case, in April 2001, the judge held up one of the scarves used as evidence and waved it above his head in the style of a football fan.
But Arsenal was not seeing the funny side yesterday.