A Judge has ruled that a popular magazine aimed at Scottish football fans did not infringe the trade mark of retailer Tartan Army.
The news comes after Tartan Army Limited, which was granted the EU and UK ‘Tartan Army’ trade mark for its merchandise, clothing and other products in 1996, claimed that Alba Football Fans Limited had infringed its rights by publishing ‘The Famous Tartan Army Magazine’.
The retailer requested an order prohibiting Alba from infringing its rights – along with destruction of all promotional and printed material bearing the ‘Tartan Army’ trade mark.
According to reports, Alba counterclaimed that Tartan Army Limited’s trade marks were ‘invalid’, as the phrase ‘Tartan Army’ had been widely used as a collective noun for Scottish football fans since the 1970s.
A Judge ruled that football supporters and consumers alike would be unlikely to “associate” Alba’s magazine with the merchandise sold by Tartan Army Limited.
Rejecting the retailer’s claim, Lord Glennie said that the defender’s magazine title could not be deemed “identical” to the pursuers trade mark.
He said: “I do not accept that there is any misrepresentation on the part of the defender in publishing the magazine under the title The Famous Tartan Army Magazine or in promoting travel services for football supporters under that name.”