A newspaper article on Friday stated that the football club were in infringement of the entertainer's copyright, as Herbie's replica hammers bore a resemblance to Pinky Punky, a registered soft toy which is the caricature of an oversized hammer used by Mallett in his former 'quiz' show Wacaday.
The truth is rather different and Scott Duxbury Company Secretary explains: "It happened four years ago, before I was here, and our supporters will be relieved to know it is hardly a pressing matter as far as we are concerned.
"It was a small piece of merchandise, and we willingly withdrew it. I cannot see why this story has resurfaced.
"We did not accept there was any liability but we weren't going to get embroiled in an argument about such a trivial item.
"And I certainly did not admit that we were 'bang to rights' - as was reported."
As for Herbie himself, he is alive and well, and club spokesman Peter Stewart insists: "Herbie is not under threat - and neither is Bubbles the Bear.
"As for those hammers, they relate to our origins as the Thames Ironworks in 1895 - some time before Timmy Mallett was around!"