MoD in legal battle with Next over use of RAF insignia on boys' duvet

Defence Secretary Des Browne claims the use of the red, white and blue roundel is an infringement of copyright.

But the shopping chain has pointed out that the image is also the emblem of the 1960s "Mod" movement as well as the band Oasis and shirt firm Ben Sherman. 

Battle: The RAF has lauched a legal bid to stop Next using its roundel symbold seen here on the Spitfires

Next, the UK's third biggest clothes retailer, has employed the design on a range of bedroom furnishings and decoration aimed at seven-year-old boys.

The offending material includes a £35 cotton and polyester duvet cover, rugs, curtains and wall stickers.

And the patriotic bedset design also includes Union Jacks with images of a car, a guitar and a scooter.

The incident began last September when the MoD first accused Leicester-based Next of copyright infringement, The Guardian reported.

The Royal Air Force is keen to protect a trademark with a history dating back to the first world war.

Until then the underside of the aircraft of what was then called the Royal Flying Corps was marked with a Union Jack flag to help avoid being shot down by friendly fire.

But at high altitudes only the cross of the flag was visible and it looked similar to the Iron Cross used on German planes - so the concentric circles target sign was adopted instead.

Conflicting message: Next points out that the roundel, seen on the left scooter, is also a Mod symbol

Five years ago the ministry took on the Arcadia group, the company behind high street brands including Topshop, Burton and Dorothy Perkins, as it tried to get the roundel registered as a trademark for RAF-related clothing.

The Patent Office rejected the MoD application but gave it sole rights to use the roundel on all non-clothing items, such as memorabilia and military equipment and, it was thought, boys' duvet covers.

The comptroller-general of patents, designs and trademarks acknowledged at the time that the roundel was "associated with a group of persons known as mods".

Yesterday the MoD refused to comment on the battle of the bedlinen with Next. A spokesman said: "Legal proceedings are pending and therefore we are unable to comment."

The RAF has its own line of casual clothes and accessories for men, women and children, with part of their sale price going to the RAF Museum Charitable Trust.

Most feature the RAF wings logo, though a £35 bikini features roundels picked out in diamante.