Poppy trade mark infringement

11 November 2011

Lynda Beaven, of Steeple Ashton, has created 4,000 tears to raise funds for the RBL and other service charities but has now been told that her activites are an unlicensed use of the poopy

The project was launched in June to honour those connected with repatriations in Wootton Bassett but an RBL spokesman said its trademark rights had been "violated". According to Mrs Beaven, the Wootton Bassett Teardrops project has sold over 1,500 teardrops at £3 each.

However, on 27 October - on the Poppy Appeal launch day - she said she was told by the RBL that "technically you're not allowed to attach anything to a poppy". The charity worker was suprised at the trade mark claim as she said that RBL has known about her campaign for a long time.

"I even have an email from the publications officer at the RBL giving me permission to use a digital photo of my lapel poppy for fundraising."

But the RBL's national spokesman, Robert Lee, said the email Mrs Beaven had received "wasn't a licensing agreement" and using the poppy to raise funds for other charities was "in clear violation of our trademark rights. The red poppy is our registered trademark and its only lawful use is to raise funds for the Poppy Appeal.

"She has made a not inconsiderable sum of money by selling our poppy and donating proceeds to other charities. This person was told the licensing conditions but chose to ignore them."

According to Mrs Beaven, the RBL has yet to speak to her directly, although she said she had stopped selling the poppies.

Learn from examples, do not use the trade mark belonging to others without permission even if it is for a good course.

Signature: Jane can be contacted via email on jane@trademarkroom.com.