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Henrik Larsson bags a winner in clash over his own name

Celtic legend gets legal costs payoff in trademark ruling to stop Scottish fan using logo for clothing brand
Henrik Larsson, who scored 242 goals for Celtic in his seven years at the club, said he had not agreed to allow James Dear to use his name
Henrik Larsson, who scored 242 goals for Celtic in his seven years at the club, said he had not agreed to allow James Dear to use his name

Henrik Larsson, the former Celtic striker, has been awarded more than £24,000 after winning a legal battle with a Scots businessman over the rights to his own name.

James Dear registered the Swede’s surname as a trademark along with a logo featuring a silhouette resembling the retired striker superimposed on a green and white crest.

The 64-year-old football fan said he wanted to use the trademark for a range of branded clothing.

However, Larsson called in lawyers to have the trademark cancelled and said he did not want Dear selling merchandise using his name.

The Intellectual Property Office (IPO), which rules on trademark disputes, banned Dear from using the trademark for all sports-related clothing.

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It has now ordered Dear, of Arbroath, Angus, to pay Larsson £24,015 to cover his legal costs.

The IPO said it had decided to award “off the standard scale” costs due to Dear’s “unreasonable behaviour” during the proceedings.

It ruled that Larsson’s legal fees had risen well beyond what was anticipated because his solicitor had to deal with a “deluge of unnecessary or unreasonable correspondence” from Dear.

In her ruling, trademark hearing officer Judi Pike said: “I found that the proprietor’s behaviour during the proceedings was unreasonable and that the applicant should receive an award of costs off the standard scale to take into account its costs in dealing with the proprietor’s unreasonable behaviour.

“It was the deluge of unnecessary or unreasonable correspondence from, and because of, Mr Dear that has forced up the applicant’s costs beyond what could have reasonably been foreseen.”

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Dear said he planned to appeal against the decision but declined to comment further.

He has attempted to register the surnames of a number of retired footballers in recent years including Thierry Henry, Ronaldinho and some of the Lisbon Lions through his company Global Trademark Services.

The businessman has previously tried to register the names of some of Celtic team who won the European Cup in 1967
The businessman has previously tried to register the names of some of Celtic team who won the European Cup in 1967
ANDREW BARR – THE SUN GLASGOW

He said he wanted to set up a merchandising business and claimed a portion of the profits would be donated to the players and their families or charities.

Larsson, 52, already has an agreement in place with a Glasgow-based company called Perfect Memorabilia to sell clothing using his name.

In a witness statement, he said Dear’s trademark was “unfairly hindering” him from protecting and exploiting his name for commercial purposes.

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He added: “I do not know Global Trademark Services Limited or its sole director, James Robbie Dear, and I have never knowingly or willingly given consent to either Global Trademark Services Limited or James Robbie Dear to use or register my name(s), trade mark(s), logo, sobriquet, likeness, photograph, voice, silhouette and any other product of my professional football career.

“In fact, Mr Dear approached me a few years ago explaining his intention to exploit my name (only) and offered me a percentage of the sales if I agreed. I did not agree.”

The IPO said customers would think any sporting goods sold by Dear were endorsed by Larsson.

Larsson signed for Celtic in 1997 and scored 242 goals during his seven years in Scotland. The Swede is regarded as one of the club’s greatest players.

After leaving Celtic he signed for Barcelona and later had a spell at Manchester United in 2007.

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