Page 4 of 4
Posted: Wed Jul 20, 2011 7:36 am
by King-Eliagh
Raiderdave wrote:TLPG wrote:Raiderdave wrote:
you know squat
you've proved it numerous times in here
I've won a defamation action for the record. So I know my law.
so you know the copyright laws do you ?
this bloke .. an expert ... from Melbourne
says you don't
http://www.smh.com.au/AFL/AFL-news/bomb ... 1hez8.html
'But prominent Melbourne sports lawyer Paul Ehrlich rubbished suggestions Essendon would have a case to argue for infringement of trademark or intellectual property rights.
"You've got to show that somebody's been misled or deceived, that's the cause of action, that's the thing you're complaining about," Ehrlich told Melbourne's SEN radio'
who seriously would argue that people don't know the difference between the 2 sides
in 2 different codes
in 2 different cities , this is why the name has been approved
theres no deception ... it won't even go to court
& theres more bad news on the way
I hear on the grape vine.. that the name for 2 more of the new NRL sides
will be the
Perth Magpies
& ... Adelaide Demons
:_<>
Look I'm no expert but in this one I'd have to side with Raider yet again. Reason being that as an avid international sports fan I have an inkling (without doing the research) that there are many sporting teams with the same names throughout the world and I think possibly within the US, providing they are in diff codes. Surely when we look at the NBA, the NFL and the Baseball and Ice Hockey Leagues in America there are some same names? No?
Posted: Wed Jul 20, 2011 8:44 am
by TLPG
Exact replicas there may be some. I haven't checked all of them. I would assume that San Francisco haven't trademarked "Giants" by itself, otherwise West Sydney couldn't use it. I do know that one of the Melbourne soccer clubs got into trouble with a US team (can't remember which one off the top of my head) over this issue and that's why the AFL took no chances with the name for the Gold Coast.
Ehrlich is a fool. The issue isn't with Essendon. It's with the AFL. They've trademarked "Bombers", and anyone else who is already using it at the local level would have been using it before the name was trademarked - or got permission from the AFL and Essendon to do it (example - Tiwi Bombers). I've done my homework and I know how it works.
Posted: Wed Jul 20, 2011 1:55 pm
by Raiderdave
TLPG wrote:Exact replicas there may be some. I haven't checked all of them. I would assume that San Francisco haven't trademarked "Giants" by itself, otherwise West Sydney couldn't use it. I do know that one of the Melbourne soccer clubs got into trouble with a US team (can't remember which one off the top of my head) over this issue and that's why the AFL took no chances with the name for the Gold Coast.
Ehrlich is a fool. The issue isn't with Essendon. It's with the AFL. They've trademarked "Bombers", and anyone else who is already using it at the local level would have been using it before the name was trademarked - or got permission from the AFL and Essendon to do it (example - Tiwi Bombers). I've done my homework and I know how it works.
If you've done your homework
then the Brisbane Bombers have nothing to worry about
Posted: Wed Jul 20, 2011 1:56 pm
by TLPG
They haven't done they're homework. They're gone.
Posted: Wed Jul 20, 2011 1:58 pm
by Raiderdave
TLPG wrote:They haven't done they're homework. They're gone.
they aren't if you've done yours ....
Posted: Wed Jul 20, 2011 1:59 pm
by TLPG
Final word - the Brisbane Bombers is an illegal name under Intellectual Property Law and can not be used.
End of.