Thank God we are Collingwood!

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ed healey

Thank God we are Collingwood!

Post by ed healey »

A mate of mine has just told me that The Geelong football club has threatened to sue the clubs unofficial fan site for usin g the cats official emblem.
Just like the one next to Nicks up top.
They have told all members of the chat board that its a breach of copyright.
Some of their members used the logo,just as i use the collingwood
one next to my name in posts.
They have had to get it off and pick another.
Its good to see the cats really getting to the big issues.
They couldnt run a chook raffle and obviously dont care about their fans feelings.
Like I say thank God we are Collingwood,it cant happen here!
Can it Mike?
Brown26
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Post by Brown26 »

Can't happen at a club which actually cares about it's members.

I mean, what club would want to go showing it's logo off and getting a bit of free publicity? And no one would want to be nice to the people who give it money. Nice work Geelong.

Pies for Premiers 2002, 3, 4, 5, 6....
Mike
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Post by Mike »

It's always been a possibility.

All the artwork on this site is mine - I drew it all in an attempt to circumvent action that was being taken by the AFL when this site started. I don't think it makes much difference because the logo that we use, even though I drew it, is obviously a close copy of the original, which is copyright.

In 1996, soon after we first started, the AFL were demanding that all unofficial sites cease using official AFL and team logos - the AFL apparently own the rights to the logos, not the clubs. Sites were getting legal letters from the AFL's solicitors to the effect that unless they ceased using the images, legal action would be taken. The trouble was that new sites were springing up so fast that it was impossible to keep track of them all.

The AFL had completely lost the plot. Not only were they spending communal money shutting down free support and advertising, but the people they were picking on were mainly kids trying to promote their clubs and footy in general. It was a badly considered exercise of muscle flexing in a completely inappropriate environment. It only lasted a short while and they gave it away.

I actually wrote to the AFL requesting permission, but never received an answer and made the decision to carry on until we were told to stop - we haven't been told yet.

The Club has always been very good about sharing resources. They even let the President come out to play from time to time.

I don't have any fears that the Club will restrict our use of Club images, but I'm still not sure of the AFL. We're not as small and unobtrusive as we were then.
MarkT
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Post by MarkT »

I don't know if anyone has the answer, but how and when did Collingwood actaually sign away the ownership to their logo. It was in existance before the AFL and must have been the property of CFC, at bleast initially. At some stage the AFL must have taken over ownership of all club logos and the like. Probably at the time they became "owners" of the licence to play in a competetion the clubs invented, nurtured, promoted etc.

I know why the commission was implimented. Did they own logo's and licence rights at that time?

I find it hard to accept that the AFL can own our logo. In fact I can't accept it.
Mike
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Post by Mike »

I actually found one of the letters. It was 1995 not 1996. Keep in mind while you are reading the letter that the site was not offering any commercial product or charging for its services, it was just a footy fan site. Try to imagine the effect that a letter like this would have had on a kid whose only motivation was to express his love for his team and for footy.
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Browne & Co.
Solicitors & Consultants
Our Ref: JPI:956033

8th August, 1995

[Name
and address
of recipient deleted by me - Mike]

Dear Sir,

AUSTRALIAN FOOTBALL LEAGUE

We act for the Australian Football League ("AFL") which conducts an Australian Rules football competition throughout Australia.

Our Client has advised us that you are offering on the internet a football product using the 1995 AFL season Fixture, AFL logos and photographs.

The AFL is the registered proprietor of an extensive range of trade marks including without limitation the AFL shield logos and the shield logos used and adopted by all Clubs competing in the AFL competition. The AFL holds copyright in respect of other logos, insignias, items of playing uniform and other images associated with the AFL competition and also its fixture of matches.

The AFL reserves its right to take action against any person, corporation or any entity who or which in any way engages in false or misleading conduct, passes off that its products or services are connected with the AFL or acts in a way so as to imply sponsorship, approval or affilation which has not been granted by the AFL.

The AFL licenses certain parties to exercise the right to exploit the intellectual property and other rights of the AFL principally through various Commodity Licence Agreements.

Save and except as provided in such Agreements or otherwise as may be specifically agreed by the AFL, no person, corporation or entity has any right to utilise any property of the AFL or to act in any false or misleading manner or to pass off that its goods or services are those of the AFL or to represent a sponsorship, approval or affilation of or with the AFL.

Our client proposes to issue proceedings against you unless you agree and undertake to:-

<OL TYPE=1>1/. Immediately and permanently withdraw any products from the Internet which depicts any AFL logo, contains the AFL's fixture or matches for 1995 or connotes any direct or indirect association with the AFL or the AFL competition.

2/. Immediatley provide in a form satisfactory to the AFL a binding and written assurance and undertaking executed and addressed to the AFL and delivered to us, to the following effect:-[/list]
  1. (a) That you warrant to the AFL that you have accepted and complied with and will promptly comply with all of the conditions of this letter;

    (b) that you undertake that you will not directly or indirectly use without authorisation in writing from the AFL any intellectual property of the AFL including without limitation logos or any marks of the AFL or any logos or marks which are substantially identical with or confusingly similar to any of those logos or marks and that you will not directly or indirectly connote any sponsorship, approval or affiliation with the AFL or the AFL competition; and

    (c) that you will not, without authorisation in writing from the AFL, reproduce the AFL's fixture of matches.
As this matter is extremely important to the AFL we request your written acknowledgment and full response to this letter by no later than 4:00pm on 11 August, 1995 failing which we are instructed to take further action and legal proceedings as are required to protect our client's interests.

Yours Faithfully
BROWNE & CO.
<HR></BLOCKQUOTE>


[This message has been edited by Mike (edited 23 September 2001).]
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Sly
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Post by Sly »

Geelong would only sue because they need money whichever way possible.

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<FONT COLOR="red">The Incandescent One.</FONT c>
The Collingwood Rant.
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AlfAndrews

Post by AlfAndrews »

I think this is what we lunatic lefties mean when we talk about the corporates stealing our culture and then selling it back to us. It's happening in football. It's happening in everything.




**floreat pica**
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