Flick pass expert
- Nov 16, 2004
- AFL Club
- Port Adelaide
- Other Teams
- The Mighty Blacks
I wouldn't assume Richo is 100% legally correct. As I have written before, until you read the legal documents, I'm sceptical. As I wrote in page 182 when Eddie said he would take the AFL to court for breach of copyright.So Collingwood DON'T hold the trademark for colours or guernseys!
So this means that the CFC have no argument to mount.
This means that the AFL can allow more than one club to have the colours black and white and more than one club to have a striped kit (and a different pattern of stripe as it turns out).
So bloody get on with it AFL and give us the nod!
My best guess is, and I've written this before, the clubs actually own the copyright, they have registered it with IP Australia or the relevant body at the time. But when the clubs agreed to transfer a whole lot of powers to the Commission in July 1993, after the Crawford Report made a series of recommendations, the clubs assigned all the copyright rights and obligations to the AFL so that the AFL could collect licensing fees from manufacturers and other organisations that want to use AFL clubs' IP and the AFL pay the clubs most of those fees collected back to the clubs. Ie there is tighter central control of IP and the AFL has a legal department that can specialize in this and the clubs don't.
So it would be that document that assigns the rights and obligations from the club to the AFL, that Eddie is talking about.
That doesn't absolve the AFL from having the guts to make a decision about allowing us to wear a black and white design. The AFL make the rules and they are a law onto themselves. They are just gutless and scared of McGuire.