Collingwood's refusal to wear alternative guernseys

[Hondo]

I seem to recall the SA State of Origin team wearing a similar strip - only the once (gee I wonder why?)

try at least 3 years...1980 to 1982, went back to the traditional guernsey IIRC in the game the great one kicked 10...

have got budgets and SA Football worlds to prove that.

In fact the 1980 Carnival budget comes from a 1979 game so I think that gurnsey made its first appearance in 1979.

Not sure if we didn't go back in 83 or 84

I thought the current guernsey was brought back in 86 as part of the 1986 Bicentennial celebrations. IIRC the guernsey with white on it was used when we thrashed WA in Perth in 1985 (arguably our greatest state of origin team incl M Blight at full forward).

[PhilG]

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[Hondo]

Heard Eddie today on the radio saying Collingwood would concede to allow Port to wear the B&W prison bars in the heritage round this year and then "that it's for good so we can all get on with our lives".

Since when does Eddie speak for the AFL on issues like this? P*ss week from Andrew Demetriou IMO. Get on the phone to Eddie and remind him who is in charge or I'll do it, FFS

[Sojourner]

On the last occasion that there was talk of having a Super League instead of the current AFL it was pointed out that the AFL owns all the clubs trademarks including their colours, name and logo. If sides wished to go into a super league all of this would have to be changed to something else. Which begs the question that if the AFL own it all, what say if any do Collingwood really have?

On the other side of the coin, Port colours in 1870 were Magenta and Pink, that is the history of the club, if it really is about history that is what should be worn. That is not in any way meant as an insult because the colours are pink, it is about emphasising the history of the oldest club in the SANFL which the Power claim liniage to in heritage week.

[Magpiespower]

Not sure if we didn't go back in 83 or 84

Reverted back to the traditional blue and gold V on a red body in 1986.

Coincidentally, that year we won the National Championship for the first time since 1911.

*Yes, I know we also won the NC in 1985. But that was on a technicality.

On the other side of the coin, Port colours in 1870 were Magenta and Pink, that is the history of the club, if it really is about history that is what should be worn.

The colours in 1870 were actually sky blue and white.

Didn't wear the fearsome pink and white until 1878.

But the club has already worn magenta and blue - in 2004 against Essendon.

That is not in any way meant as an insult because the colours are pink, it is about emphasising the history of the oldest club in the SANFL which the Power claim liniage to in heritage week.

Port weren't wearing those colours in the 1970s.

Which is the era celebrated by Heritage Round this year...

[Start]

A interesting Fact is Collingwood does not OWN its guernsey, nore do the other AFL clubs. All Club Names, Colours and Guernsey are the property of the AFL, hence the AFL must approve all changes. This is an AFL issue, not a collingwood issue. The AFL is sitting on the fnce regarding the heritage jumper, they dont give 2 hoots what Port wear.

[Coorong]

A interesting Fact is Collingwood does not OWN its guernsey, nore do the other AFL clubs. All Club Names, Colours and Guernsey are the property of the AFL, hence the AFL must approve all changes. This is an AFL issue, not a collingwood issue. The AFL is sitting on the fnce regarding the heritage jumper, they dont give 2 hoots what Port wear.

No, sorry that is not right. They have allowed the colours and nicknames to be used without approval or license over the past 100 years. if you are old enough to remember for example the Ampol sticker, stuff from cornflake packets etc etc. Check out the $2.00 shops in Melbourne where they allow stuff to hit the market, jumpers, beanies etc, with the AFL AND club logo with no action against the importers or retailers

In a similar case where Cadbury Schweppes took Darryl Lea to court over using purple wrappers, the verdict was you cant own a colour. Albeit an expensive exercise, I am fighting a similar situation in the Federal Court.

[Start]

When the AFL was formed (1986) all clubs including collingwood hand their commerical rights as mentioned to the AFL which included jumper designs, logo's and names. What you are referring to is VFL days, they are long gone.

[PhilG]

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[Hondo]

There's a few assumptions being made about who has rights to what ... does anybody know for sure? Might do some research. I reckon the legal & contractual arrangements between the clubs and the AFL would be fairly complex to say the least. Plus there has been mention of conditions being placed on Port's entry to the AFL that include giving up rights to the B&W to Collingwood.

[Booney]

Have ANZ recently trademarked the blue they use in their marketing?

[smac]

What are the consequences of just wearing the prison bar guernsey, without permission from the AFL? I assume a fine of some sort - if so, go ahead and do it anyway.

[am Bays]

I'm with Coorong, Start. The AFL can't do that. The clubs can't just hand what is their's over. It's illegal. They are an independant group of identities for all purposes of commercial law. The relationship the clubs have with the AFL is that they operate under AFL rules - and that's all. You can't trademark a colour scheme. The clubs can do what they like with it. Including refusing to wear a clash strip (especially when none is bloody well needed!).

Well they have. I think you find all the colour codes, logos, guernseys and names of all clubs are trademarked to the AFL to protect it from a brake-away competition.

Collingwood can go play elsewhere if they want but they can not play as collingwood, wear black and whte stripes or be called teh Magpies.

[Start]

I'm with Coorong, Start. The AFL can't do that. The clubs can't just hand what is their's over. It's illegal. They are an independant group of identities for all purposes of commercial law. The relationship the clubs have with the AFL is that they operate under AFL rules - and that's all. You can't trademark a colour scheme. The clubs can do what they like with it. Including refusing to wear a clash strip (especially when none is bloody well needed!).

Its apart of the licence agreement that all clubs signed when they entered the AFL. More so read today's advertiser, which is why Port Adelaide is seeking AFL permision and not that of the Collingwood Football club.

[Coorong]

You miss my point. The AFL admit they dont own the colours or the nicknames and have NEVER applied to register them. What they do own for example is the newish bulldog emblem on the front of the doggies and the silouit of the opera house on the swans. This admitted to me by the AFL. 80 hour searching sites like I.P. Australia prove this.

The AFL claim they own these by right of advertising the game (and colours) in competition as the AFL/VFL fro the past 115 years. However they have NEVER taken anyone to court over use of the colours and nicknames (known as the getup)

For the oldies think back to all the sticker etc put out by Ampol, Kellogs and even Coke. It was in recent times they came up with the idea of endorsement.

Have a look at all the chinese $2 shops in Vic selling imported beanies, scarves and jumpers with the AFL logo, club logo etc. Not once have they had any of this stock removed as it infringes.

If you want to state you own something you have to protect it or be seen to protect it and they have done niether,. But as they are the AFL with $800M in the bank they reckon they can dictate to free enterprise.

[Start]

Its not the VFL - its the AFL - New identity as of 1986

AFL Brand ownership
The AFL considers its brands to be its most important long-term asset. The AFL owns all AFL logos, club logos and other intellectual property associated with the AFL competition. It also has intellectual property rights that ensure the appropriate use of AFL images.

This would encompass club colours, jumper designs (Which all need approval by the AFL before being worn).

[PhilG]

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[Start]

The IP website - as Coorong pointed out - contradicts that quote, Start.

Tassie, if the AFL tried to stop Collingwood from doing that Collingwood can sue for breaching the Trade Practices Act. And win because (as stated again by the IP website per Coorong) the AFL does NOT own the club trademarks.

I think you may find that they would have signed over these rights, when they accepted the their AFL licence. From the logo's I have seen none are TradeMarked, and besides I am very very doudtful that you could even trademark colours or combination of colours.

[PhilG]

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[Dissident]

Does the SANFL own the SANFL clubs colours and logos ?