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[OC Richard]

Outfits notwithstanding, their song has been functioning as a National Anthem at international rugby and football matches for many years

https://www.youtube.com/watch?v=Vyx1xeZo_tk

https://www.youtube.com/watch?v=HeV379qCtX8

[Tomo]

Aren't there trademark or intellectual property statutes that require album covers to display correctly and identify the ensemble actually performing the music on the recording?

Short answer is no.

Trademarks only protect the goods and services they are registered for - so that wouldn't necessarily apply to images, but could cover the ensemble's name if that is a registered trademark (although that is probably unlikely - especially if the name is descriptive or comprised of geographical names).

Copyright is also unlikely to apply to the ensemble's name but the images will certainly be subject to copyright. Typically the use of such images will be licensed - and it is the photographer or artist who created the image who owns the copyright in it - rather than the subjects of the image. The images uses are most likely from a stock library.

That said there could be some issues around passing off if the use of the ensemble's name or image is misleading and implies that either the album is their work or that they have endorsed it. This is a common law cause of action, rather than a statutory one. The 'injured' party needs to show that they have sufficient good will in their name or trade dress, that the other party has misrepresented some connection with their business and that this has cause damages to them. This is more likely if their name is misused - rather than an image as the general public are less likely to be able to identify an ensemble from the image alone.

[OC Richard]

Especially so because on four of the five album covers I showed the named entities no longer exist, namely The Queens Own Highlanders, the Glasgow Police, and the Gordon Highlanders (twice).

Both the Queens Own Highlanders and the Gordon Highlanders ceased to exist in 1994 (becoming The Highlanders that year).

The Glasgow Police ceased to exist in 1975 (becoming Strathclyde Police that year).

Only the Royal Scots Dragoon Guards survives under the title seen on the album cover.