Could the British Legion sue the BNP for... infringement of copyright?

[Ashles]

From

http://www.britishlegion.org.uk/about-us/media-centre/news/general/an-open-letter-to-nick-griffin-chairman-of-the-bnp-and-mep-for-north-west-england

The Poppy is the symbol of sacrifices made by British Armed Forces in conflicts both past and present and it has been paid for with blood and valour. True valour deserves respect regardless of a person's ethnic origin, and everyone who serves or has served their country deserves nothing less.
The Poppy pin, the Poppy logo, and the paper Poppy worn during Remembrance are the property, trademark and emblem of The Royal British Legion.

On May 27th, 2009, the National Chairman of The Royal British Legion wrote to you privately requesting that you desist from wearing the Poppy or any other emblem that might be associated with the Legion at any of your public appearances during the European Parliamentary election campaign.
He appealed to your sense of honour. But you have responded by continuing to wear the poppy. So now we're no longer asking you privately.
Stop it, Mr Griffin. Just stop it.
Regards,
The Royal British Legion

I'm not sure if it would be infringement of copyright or trademark or what it would be.

I'd like to know how, for example, Nike would respond if Nick Griffin turned up wearing a great big Nike T-Shirt.

[Carnivore]

I'm pretty sure that Nike can't sell you a T-shirt then sue you for wearing it. Likewise, the British Legion sells poppies in the street. They don't have to sell them to Nick Griffin, but they can't really complain if he buys one.

[Cuddles]

I'm pretty sure that Nike can't sell you a T-shirt then sue you for wearing it. Likewise, the British Legion sells poppies in the street. They don't have to sell them to Nick Griffin, but they can't really complain if he buys one.

But that would only apply if he bought one off them. If he just decided to wear a poppy he got from somewhere else, that wouldn't apply. I still rather doubt they have any grounds to stop him wearing it though. Trademarks only protect things from use by potential competitors, and the BNP and British Legion operate in rather different fields.

I would assume that they're merely making this public in order to make it clear that he's nothing to do with them, rather than out of any expectation that they can stop him wearing poppies. Certainly the publication of an open letter rather than a cease-and-desist from a lawyer would suggest that's the case. This is just PR, nothing more.