Trademark Case, Tartan Army

Who can use the phrase Tartan Army?

Glasgow businessman Ian Adie registered the name 'Tartan Army' as a trademark in 1996 giving him sole rights to use the term on a wide variety of merchandise including clothing, banners and scarves. He has taken a magazine publisher to court in a bid to stop him calling his title 'The Famous Tartan Army magazine'.

He sold his business, Tartan Army Limited in 2006 and the new owners took ownership of the trademark. They have now launched a £300,000 damages claim against Iain Emerson, who runs the The Famous Tartan Army magazine, and his company Alba Football Fans Limited. Mr Emerson argued no one can have exclusive rights over the name and that the trademark should be ruled invalid.

Following a preliminary hearing on the case, Judge Lord Glennie ruled that Mr Emerson, of Stirling, could not be sued personally, only his company.

The new owners also want the magazine banned from using the name and a court order "for the destruction of all products and promotional and marketing material in the defenders' possession using the 'Tartan Army' mark."

Lord Glennie has now ruled a further hearing will be needed to discuss the case. No date has been set.

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