Book (with canon image) about Arsenal FA

'Is it legal', 'can I do this' type questions and discussions.
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Rocky
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Book (with canon image) about Arsenal FA

Post by Rocky »

Hi, I am publishing a book about Arsenal with an account and analysis of the team during a certain era.

Is it ok to:

1. Have Arsenal in the sub-title?
2. Have a canon vector image as section breaks throughout the text (not the exact canon from any Arsenal logos but has similarities)?
3. Have a canon drawing (again would be a general canon with similarities to the Arsenal one but not a copy) or photo of the Arsenal canon from say the stadium? I notice that this book uses a canon and the writer is a long-term Arsenal blogger with his own canon logo https://www.amazon.com.au/So-Paddy-got- ... B006K5PHXY

I have a disclaimer on the copyright page that the book is not endorsed by the club etc and I think its clear that the book is not an Arsenal FC publication. I don't have any other images with Arsenal kits, logos etc just some graphics or text boxes that include Arsenal red and white.

thanks for any help!
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AndyJ
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Re: Book (with canon image) about Arsenal FA

Post by AndyJ »

Hi Rocky,

Using the word Arsenal in a sub-title of the book shouldn't be an issue as it should be clear from the main title that you are using the word descriptively which is permitted under section 11(2) of the Trade Marks Act 1994. The word Arsenal is a registered trade mark owned by the Arsenal Football Club Public Limited Company and the registration covers goods in Class 16 which includes books.

The illustrations within the book are highly unlikely to infringe any trade marks depicting canons as they would not be viewable at the time the book is being advertised or sold, therefore it cannot be claimed that they are being used in the course of trade. Similarly I don't think a passing off claim in relation to use of canons inside the book would succeed for the same reason. However as the Arsenal canon images are probably protected by copyright, I think you are right to just use a more generic version of a canon. If you want to know which representations of canons AFC have registered, follow the 'Arsenal' link above and then click in the tab which says Names and addresses, and follow the link to view owner's other trade marks. You are only interested in the ones which are currently shown as registered, and can ignore the Dead ones. I think the disclaimer is a sensible precaution.

You should be legally safe to approach Arsenal FC about stocking your book in their online store, and shops at Highbury and the Emirates Stadium.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
Rocky
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Re: Book (with canon image) about Arsenal FA

Post by Rocky »

Thanks Andy, much appreciated - seems in line with what i was thinking but definitely don't want club lawyers coming after me!

cheers
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