Joe Bloggs took my name and I want it back

WHEN Lady Diana Spencer walked down the aisle of St Paul's Cathedral in a sweeping ivory silk wedding dress, designer Elizabeth Emanuel was guaranteed worldwide fame. Celebrities clamoured to wear her dresses They adorned such stars as Elizabeth Taylor, Jane Seymour and Patsy Kensit over the next 15 years. In the fashion world, Elizabeth Emanuel was a name to conjure with.

But for the past five years, Emanuel has not owned the rights to her own name. After bankruptcy and a bitter business dispute with Joe Bloggs jeans boss Shami Ahmed, the famous trademark name ended up as part of Ahmed's fashion empire.

And that feud, pitting the famously eccentric Emanuel against the hard-nosed Ahmed, will be re-ignited this week when Emanuel launches a legal bid to recover the rights to her name.

She has hired one of Britain's top trademark lawyers and will be armed with a raft of affidavits from the likes of Sir Richard Branson; Alexandra Shulman, the editor of British fashion bible Vogue; and, bizarrely, the disgraced peer Lord Archer.

Emanuel argues that the case is hugely significant for the fashion design industry. 'It's just terrible for any designer not to own their own name. I don't think young designers realise just how important their name is and how, if you lose it, you are really stuck.'

The trademark tussle dates back to 1997 when Emanuel's business was on the brink of bankruptcy. Emanuel approached Ahmed as a potential rescuer and he bought the company and its debts. But the two quickly fell out and went their separate ways in a flurry of court cases.

The final act in the drama will open on Thursday when Emanuel's claim to have Ahmed's ownership of her name revoked will come before the Trade Mark Registry - a division of the Patent office whose rulings have the force of law.

The hearing is expected to take several days. Ahmed's retort to Emanuel's case is straightforward - he bought the company, so he owns the name. Ahmed said: 'In September 1997 she approached me and asked if I would buy the business and trademarks of Elizabeth Emanuel plc. I acquired the business as a going concern, which included various Elizabeth Emanuel trademarks.'

Emmanuel's case is being presented by barrister Simon Thorley, a veteran of trademark cases whose past clients include Procter & Gamble and Arsenal Football Club. The Elizabeth Emanuel name has been passed between companies owned by Ahmed, but is currently held by Continental Shelf 128 Limited, registered at Ahmed's Manchester headquarters. It has registered its right to use the name for perfume, cosmetics, jewellery, luggage and clothing.

It is thought Elizabeth Emanuel hopes to use her name to produce designs for Luxury Brands Group, a small company headed until recently by David Duncan Smith, brother of Tory leader Iain. Last year it bought up the Queen's dressmaker, Hardy Amies.

Lawyers acting for Emanuel declined to give details of her case or the role the celebrity affidavits will play, but it is thought that the affidavits will be used to support the claim that a designer's name is crucial to his or her business.

Alexandra Shulman's fashion qualifications are self-evident and Emanuel had links with Branson in the Eighties when she designed the uniforms for Virgin Atlantic staff. A spokesman for the Virgin entrepreneur said he would write in support-of her claim. 'He feels very, very sorry for Elizabeth and what has happened to her,' the spokesman said.

Lord Archer met Emanuel on several social occasions and they struck up a friendship. He later agreed to support her, but the content of his affidavit is unknown. Its value since his imprisonment is even more uncertain.

But the central plank of Emanuel's case is expected to hinge on a clause in the Trade Marks Act, which allows ownership of a mark to be revoked if its current use is 'liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services'.

Emanuel's lawyers are also expected to cite the recent wedding of journalist Lauren Booth, halfsister of Cherie Blair. Booth had her wedding dress designed by Elizabeth Emanuel personally and the designer attended the wedding as a guest. Booth's mother-in-law, Shirley Derby, also attended wearing an Elizabeth Emanuel dress - courtesy of Ahmed's business. 'I didn't say anything at the time. I didn't want to spoil the day,' Emanuel said. 'But we have been back in touch.'

Mrs Derby is also providing an affidavit for Emanuel's case. Ahmed, meanwhile, is sticking to his guns and expresses exasperationat the case. 'They are trying to revoke a trademark I bought with good money.'

Ahmed has consistently argued that his efforts to rescue Emanuel's business had cost him money. He added that his claim to the trademark was strengthened because Emanuel's recent work has been limited to one-off commissions for individual clients. 'She has not produced a collection for two years. There has been no business,' said Ahmed.