Who are you? Tartan army loses dispute

in this case infringement is covered by section 10 of the Trade Marks Act 1994 and Article 9 EUTMR.

Section 10 of the Trade Marks Act 1994 provides, so far as material, as follows:

“10 Infringement of registered trade mark

(1) A person infringes a registered trade mark if he uses in the course of trade a sign which is identical with the trade mark in relation to goods or services which are identical with those for which it is registered.

(2) A person infringes a registered trade mark if he uses in the course of trade a sign where because—

(a) the sign is identical with the trade mark and is used in relation to goods or services similar to those for which the trade mark is registered, or

(b) the sign is similar to the trade mark and is used in relation to goods or services identical with or similar to those for which the trade mark is registered,

there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the trade mark.

(3) A person infringes a registered trade mark if he uses in the course of trade a sign which—

(a) is identical with or similar to the trade mark, and

(b) is used in relation to goods or services which are not similar to those for which the trade mark is registered, where the trade mark has a reputation in the United Kingdom and the use of the sign, being without due cause, takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.

(4) For the purposes of this section a person uses a sign if, in particular, he —

(a) affixes it to goods or the packaging thereof

(b) offers or exposes goods for sale, puts them on the market or stocks them for those purposes under the sign, or offers or supplies services under the sign

(c) imports or exports goods under the sign or

(d) uses the sign on business papers or in advertising.”

 Applying the law to the facts the Judge found no evidence of infringment. He said: “The fact that the term is often used as a badge of allegiance, in this case to the Scotland football team and its fans, does not prevent it being registered as a trade mark”.

Sorry boys but here is a wee ditty of you singing Loch Lomond

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