Does the AFL own or restrict Freo's dark purple

[siteuser]

Say if someone wanted to have either some apparel, curtains, fabric, paint dyed with only a plain dark shade of purple, (for non commerical purposes)
is that infringing the AFL's licensing?

Not looking to add names, nicknames, logos or images of anyone to, or on them.
Nor looking to have, two or more colours printed or dyed together.

If Pantone (or other colour selection system standard) created such colours, surely they can be used by anyone, for whatever purpose or application?

 

[malpaso]

Say if someone wanted to have either some apparel, curtains, fabric, paint dyed with only a plain dark shade of purple, (for non commerical purposes)
is that infringing the AFL's licensing?

Not looking to add names, nicknames, logos or images of anyone to, or on them.
Nor looking to have, two or more colours printed or dyed together.

If Pantone (or other colour selection system standard) created such colours, surely they can be used by anyone, for whatever purpose or application?

The AFL don't have a trademark on the shade of purple used by Freo.

 

[Allikat]

The AFL don't have a trademark on the shade of purple used by Freo.

The colour seems to change every year too so it'd be awkward if they had to trademark every shade of purple/blue

 

[Yeti]

No.....

The Pantone used can not a TM. Anyone can use it. The reason it varies item to item is due the fabrics involved and the manufacturer wanting to get it just right.

Dyed fabrics (Wool / Polyester) should be easier to get right however it is clear that across the different merchandise lines there is a huge disparity in the Freo colour.

Sublimation colour can be effected by the type of fabric used as well as factors such as humidity and temperature as well as type of printer and ink.

 

[Rob]

Funnily enough....

http://www.holdingredlich.com/assets/docs/MET Winter 3.PDF

 

[kingswood71]

I hope not!....because when we win a premiership, my Land Rover is getting painted Freo Purple

 

[Pusswah]

No.....

The Pantone used can not a TM. Anyone can use it. The reason it varies item to item is due the fabrics involved and the manufacturer wanting to get it just right.

Dyed fabrics (Wool / Polyester) should be easier to get right however it is clear that across the different merchandise lines there is a huge disparity in the Freo colour.

Sublimation colour can be effected by the type of fabric used as well as factors such as humidity and temperature as well as type of printer and ink.

Holy s**t this place is educational!

 

[Banker]

Cadbury does.

 

[im_a_lazy_sod]

No.....

The Pantone used can not a TM. Anyone can use it. The reason it varies item to item is due the fabrics involved and the manufacturer wanting to get it just right.

Dyed fabrics (Wool / Polyester) should be easier to get right however it is clear that across the different merchandise lines there is a huge disparity in the Freo colour.

Sublimation colour can be effected by the type of fabric used as well as factors such as humidity and temperature as well as type of printer and ink.

I wish I could have had this in a flyer to give out to clients every time they say "but it looked better on my screen"

 

[Freo Shark]

Funnily enough....

http://www.holdingredlich.com/assets/docs/MET Winter 3.PDF

Funny you should mention Cadbury, always wondered why we didnt do a sponsorship deal with them.

 

[Big Animal]

Cadbury does.

For goods in class 30

 

[siteuser]

Cadbury's 'intellectual property' is for use of the lighter Pantone 2685C, on confectionery and drink products.
I received a reply from Freo's Team Store in 2013, claiming the Club's Purple Pantone is 2695C. But even that looks lighter and PMS 275 too dark.
But if you're using whichever shade for non commercial purposes/personal use, what's the issue for the AFL?

 

[Yeti]

I wish I could have had this in a flyer to give out to clients every time they say "but it looked better on my screen"

Worst thing ever.....

 

[Gekko71]

Short answer no, neither the AFL or the FFC can stop you from making and selling purple curtains if there is no reference to either the AFL or the FFC in the product's packaging or promotion - or in the product itself.

However, that does not necessarily mean that somebody ELSE hasn't trademarked that particular shade of purple in the category of home furnishings, and in whatever particular territory you're looking to make them in.

If its a limited number of items you're talking about for personal use then it won't be a problem.

If you try selling those items, or manufacturing more items that any one household needs, there might possibly be a problem... but I can't be 100% certain.

If you even think about linking or applying any AFL / footy-related terms or designs to your product, you're on very thin ice.

Please note this is all general advice only and you will need to make your own inquiries before making your final decision. If it all goes ****-up, don't blame me.

 

[Big Animal]

Not sure if this has been discussed on here before but while i was on the Australian Trade Marks Register i had a quick look at the AFLs trade marks (looking for any colour registrations) and noticed the other names that DOCKERS beat out for our lovely purple team.
FREMANTLE COURAGE
FREMANTLE HAMMERS
FREMANTLE MARINERS
FREMANTLE STOKERS
FREMANTLE UNION
FREMANTLE DOLPHONS

We could have had "Hammer time"!

 

[Big Animal]

Oh and btw, the AFL don't have any colour trade marks (for obvious reasons)

 

[im_a_lazy_sod]

Buccaneers, privateers or pirates would have been sweet. But I think they were all blocked

 

[FreoRicci]

Funnily enough....

http://www.holdingredlich.com/assets/docs/MET Winter 3.PDF

Interesting reading. Copyrighting a colour would be nigh on impossible you would think..
Another article explaining who might actually own what colour in the business world

http://www.businessinsider.com.au/colors-that-are-trademarked-2012-9?op=1#brown-1
Apparently the tape company 3M trademarks the colour purple. As well as University of Texas owns the copyright for the colour it uses for sports etc.
You learn something everyday at Bigfooty

 

[Big Animal]

In Australia, tiffany and co own the trademark for that light blue in relation to jewellery, packaging and retail of jewellery type products.
Moet and chandon own the trademark for a particular orange which they use to sell the popular verve clicquot champagne

 

[Okinakashi]

Also Banks "own" their particular shades of Orange, Blue etc.

 

[Big Animal]

In Australia only Commbank has a colour trade mark at this stage for a combination of their yellowy orange and black for banking and financial affairs in class 36

 

[Big Animal]

For a fun Friday fact, one of my partners actually obtained a trade mark for the Bunnings jingle (for Bunnings)

 

[Okinakashi]

In Australia only Commbank has a colour trade mark at this stage for a combination of their yellowy orange and black for banking and financial affairs in class 36

Well - blow me down - the banks have been lying to me again!

From the Bank's own website "...'s colour blue is a trade mark of ...."

 

[Big Animal]

What they are probably stating is that they are using that colour as a (n unregistered) trademark for their banking services. To obtain a registered trade mark for a colour you have to show the Trade Marks Office (IP Australia) considerable evidence of use of that Pantone (or very close to it) for those goods or services. They are probably accruing long term evidence of that use (few years) in anticipation of a future colour trade mark application.

 

[Okinakashi]

What they are probably stating is that they are using that colour as a (n unregistered) trademark for their banking services. To obtain a registered trade mark for a colour you have to show the Trade Marks Office (IP Australia) considerable evidence of use of that Pantone (or very close to it) for those goods or services. They are probably accruing long term evidence of that use (few years) in anticipation of a future colour trade mark application.

Thanks.

Gee big footy is edumacational.