I am not sure it is correct that the WAFC own the trademarks like the AFL own the AFL clubs trademarks. It is only the AFL that has done this.View attachment 1677818
Perth is a geographic location so the above (3., 5. and 6.) were the only registered Australian trade mark rights the Perth Football club were able to secure. So, as long as they don't use a similar logo, PFC have no trade mark rights allowing them to successfully stop Perth3 using 'Perth' for goods in classes 25 (clothing), 28 (sporting gear), or services in classes 38 (communication of sporting events), and 41 (putting on sporting events for entertainment purposes).
If they went after them anyway for something like misleading and deceptive conduct, they would have to show it was intentional to deceive the customers of PFC that Perth3 was in some way directly related to the WAFL club, and evidence of damages because of that. Difficult, if not impossible, when the media spends many an article explaining that they are unrelated.
Don't see a potential issue with copyright.
In addition, and more importantly, given that WC and Freo are owned by the WAFC, it would be reasonable to assume that Perth3 would also be owned by WAFC which is also the owner of the above trade mark registrations (and all other WAFL trade marks). AFL House owns the WC and Freo trademarks and would therefore also own the Perth3 trade marks. Therefore, it would be necessary for WAFC to sign a license agreement to use of the Perth3 mark as I'm sure they have already done with WC and Freo trade marks. As a result, WAFC would not be suing themselves or AFL House so there would be no issue.
i.e. just because Perth FC talks up their history and like they own the place, ownership of their intellectual property is largely owned by the companies up the chain.
The Perth Football club would own their own trademark I would think just as all the WAFL clubs would. Don't know this for certain but I think it's correct.
Not sure it would be a good look for a consortium to turn up and invent a club and call it Perth without the Perth Football clubs approval. Be a very bad PR exercise for them. Having said that they could get the AFL media machine to do it for them and tell a bunch of lies and the sheep will listen.





