Discussion Prison Bars debate

Should Port be allowed to wear the PBs as their home jumper?


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The_torpedo

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MOD NOTE: PLEASE READ CAREFULLY!!

I've been reading this thread and watching it very closely, and although I don't want to, I'm almost at the point of closing it up.

This board has traditionally been a place where club allegiances are put to one side, and we discuss the merits of jumpers and design without being petty, childish or downright abusive. Unfortunately, this thread is bringing out the worst in a lot of people, and the board as a whole will be poorer for it.

I understand this is a very sensitive subject for people on both sides of the fence. I think it is incumbent on everybody to realise that there are some peoples minds who you just will not change no matter what, and hurling abuse and getting personal is not going to do you any favours. Discussions are going around in circles because they are just descending into shitfights for which nobody is willing to yield. If we can't have a reasoned, rational discussion on this, then we won't have one at all.

I'll keep it open for now, but take this as a first and final warning to improve general behaviour in this thread. This board rarely sees cards and bans dished out, and I don't want them to start now.

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Not really sure where else to put this, but Dwayne Russell says Port won't wear the Prison Bars next year & will wear a variant of their 1870 as Eddie claims 'trademark' on black and white

https://www.sen.com.au/news/2019/05...son-bar-jumper-for-150th-anniversary-russell/
 
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Bluelegs

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Does Collingwood really have much of a leg to stand on here legally? I feel like the designs are significantly different enough that they shouldn't breach copyright, but I know nothing about copyright laws so it would be good to get the perspective of someone who does..
 

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Timewaster

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Jul 1, 2014
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Port agreed to it as a term of theie entry into the comp. Some fans may be too young to remember it, but it's a fact.

They can wear the PB in the SANFL or wherever else they please, but they're being expected to honour the agreement they freely entered into.

Collingwood is agree legitimate stakeholderand of course have a position on the matter.

If PA want to try to renegotiate then of course that's fine, but the air of entitlement from some fans is simply misplaced.
 

Timewaster

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Does Collingwood really have much of a leg to stand on here legally? I feel like the designs are significantly different enough that they shouldn't breach copyright, but I know nothing about copyright laws so it would be good to get the perspective of someone who does..
They probably wouldn't get by on a trade dress legal basis, since you're right there are significant differences. The stumbling block for PAFC is that they agreed to nor wear black and white stripes, which are the major design element of the PB
 

Freight Train

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Which jumper did they wear in 1870? Was it the Geelong-esque one? If so, what's the problem?
I agree there's no real problem with them wearing this as a one-off in theory, but if it's this instead of the PB's, the issue is they wore this jumper for 6 years in the 1870's. They've worn the bars for over a century and symbolise the prolonged SANFL success of the club.
 

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jle101

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Is a colour scheme really a trademark though? I may be a little naïve on the matter, but when the Bears joined the league they had the same colours as Hawthorn, when Adelaide joined they had the same colours as Fitzroy. Carlton & Geelong have had the same colours for years & years. Never seemed to be a trademark issue until Collingwood was involved in the picture.
 

Storm20

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Is the Collingwood guernsey actually trademarked though? Because if so that surely means that any other club in Australia couldn't profit off wearing a black and white striped guernsey?
 

caloschwaby

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Does Collingwood really have much of a leg to stand on here legally? I feel like the designs are significantly different enough that they shouldn't breach copyright, but I know nothing about copyright laws so it would be good to get the perspective of someone who does..
Could argue that the PB may infringe on Collingwood's black/white stripe brand and may suffer financial loss as a result?

Is the Collingwood guernsey actually trademarked though? Because if so that surely means that any other club in Australia couldn't profit off wearing a black and white striped guernsey?
It's certainly different at a level less than AFL. That's why Port can still wear PB in SANFL.
 

its been done

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According to the article they'll wear a blue & white horizontally hooped jumper. Guessing the Cats have no problem with this. Honestly, Eddie should really be ashamed of himself for denying Port to celebrate their own history like this.
Some Port players back in the day also wore this apparently at the same time as when the light blue and white hoops were worn until they became the "all pinks"
1557813389410.png
 

Fizzler

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Does Collingwood really have much of a leg to stand on here legally? I feel like the designs are significantly different enough that they shouldn't breach copyright, but I know nothing about copyright laws so it would be good to get the perspective of someone who does..
To a certain extent. You can trademark a colour, or moreso a shade of a colour (think Cadbury’s exact shade of purple) but black and white would be off limits I’d have thought.
Port agreed to it as a term of theie entry into the comp. Some fans may be too young to remember it, but it's a fact.

They can wear the PB in the SANFL or wherever else they please, but they're being expected to honour the agreement they freely entered into.

Collingwood is agree legitimate stakeholderand of course have a position on the matter.

If PA want to try to renegotiate then of course that's fine, but the air of entitlement from some fans is simply misplaced.
Thing is though, Allan McAlister also had said during his time in charge of Collingwood that if Port finished above Collingwood in three straight years we’d get to wear the PB. We did it 5 years in a row straight out of the gate.
I still don’t see how Port Adelaide Power will be celebrating 150 years?
Aren’t you funny
Could argue that the PB may infringe on Collingwood's black/white stripe brand and may suffer financial loss as a result?
I mean, you could argue it, but it’s not really a sound argument, considering that people know what club they’re after when they read the item description on the AFL or club shop sites, and Port jumpers are virtually non existent at Rebel Sport outlets here, and my local AFL Store (Northland) has every single clubs jumper for sale except Freo and Port.
 

fumbler

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How so?
Port Adelaide Power only came in to the AFL in 1997 If I recall correctly.

No matter how much the supporters wish they were still the Magpies it will never be.
As previously stated when Port Power first came in they agreed on a few things. Blame your people then, not everyone else.
 

caloschwaby

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I mean, you could argue it, but it’s not really a sound argument, considering that people know what club they’re after when they read the item description on the AFL or club shop sites, and Port jumpers are virtually non existent at Rebel Sport outlets here, and my local AFL Store (Northland) has every single clubs jumper for sale except Freo and Port.
Like personally I wouldn't find it hard to confuse Collingwood stripes VS Port PBars, but I bet a lot of nuffies couldn't make the distinction.
Can't remember exactly, but remember seeing something about one retailer advertising PB as a Collingwood product? This is the kind of thing I would think is why it could be considered to infringe the branding.
 

magpienato

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How far do Port have to alter the prison bars to circumvent this apparent agreement?
According to Eddie, Port just need to be "creative" and add teal and then there will be no problem.

View attachment 673836
Put those bolt gaps inbetween all the stripes and not only would that check out but it would look pretty decent too.
 

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