A war over the use of Yorkshire's White Rose is brewing between two beer manufacturers.

Cropton Brewery launched it's Yorkshire Warrior Beer in 2008 having won permission from the Yorkshire Regiment to feature it's emblem, a lion carrying the standard of St George above a white rose.

Most of the profits from the beer go to the regiment's benevolent fund which helps seriously wounded soldiers returning from Afghanistan.

More than £10,000 has been raised for injured soldiers so far through sales of the beer.

But court documents reveal that Cropton, based near Pickering, North Yorkshire, has been served with a writ by Tadcaster brewery Samuel Smith, claiming that Cropton's use of the 'stylised white rose device' represents a trade mark infringement.

The writ states the white rose is 'confusingly similar' to the white rose used by Samuel Smith, used as its trade mark since the 1960s.

It alleges that despite correspondence on the issue, Cropton has continued to use the white rose.

Samuel Smith's is seeking an injunction, damages and the destruction of beer bottles and pump clips with illustrations which infringe the trademark and costs.

A Cropton Brewery spokesman said that after informing the regiment of the brewery's legal action, the regiment had asked the brewery to remove the regimental emblem from the labels.

He said the legal action, which is set to go the High Court at a hearing next year, was being contested by Cropton.

Cropton's defence states: 'The Yorkshire Rose is a common symbol and the claimant is not entitled to insert any kind of monopoly over it's use.'

Another beer made by Cropton sold at Marks and Spencer called 'MS Bitter' also features a white rose, and is also involved in the legal action.

A Samuel Smith's spokesman declined to comment and a spokesman for the regiment said it did not feel it would be appropriate to comment.