Opinion Port Adelaide and their Prison Bars

[Horaceg]

Nah couldn’t care less if they wore one off for their showdown, anymore than that would require a rethink. They did agree to certain conditions on entry to the AFL?

No Collingwood supporter would be that interested in the SA Showdown, would be just passing the time if anyone was watching it. It might help us decide which team we wanted to lose less.

 

[magpielicious]

F....k Off Power!
You signed a contract to join the AFL and the condition was no one would ever wear black & white stripes other than Collingwood.
End of argument !

 

[Black_White]

I 100% agree with Eddie on this. Everything is becoming more commercial and competitive in that regard, it has nothing to do with a match day clash. It’s about brand and positioning, we are seeking to exploit international markets. It’s like Cadbury not allowing anything remotely similar in their industry. Now venturing into the US, we need something distinctly ours. We have earned that right, as the biggest club in the country.

You give an inch, they will take a mile...and seems they already have...Port entered the league with an agreement not to adopt our colours and stripes. Eddie has accommodated them on occasion, now they want it as a regular fixture Next they’ll have us in Navy blue.

Take stock Port, Gill and other challengers...who pays your bills. Don’t bite the hand that feeds you. Floreat Pica!

Considering Cadbury lost their copyright fight, then not a good sign if we were to fight this legally.

 

[Horaceg]

F....k Off Power!
You signed a contract to join the AFL and the condition was no one would ever wear black & white stripes other than Collingwood.
End of argument !

Problem is, I don’t think they understand what that means

 

[barrackers]

Considering Cadbury lost their copyright fight, then not a good sign if we were to fight this legally.

A few differences

Cadbury Does Not Own the Colour Purple (in Australia, at least) - Trademark - Intellectual Property - Australia

On 27 April 2006, Justice Heerey of the Australian Federal Court handed down his decision in Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd (No 4). To quote Justice Heerey "Cadbury does not own the colour purple and does not have an exclusive reputation in purple in connection...

www.mondaq.com

Cadbury’s use of purple in marketing advertising and promotion is, and is seen by consumers to be, inextricably bound up with the well known name Cadbury in its distinctive script. Cadbury never uses the colour purple in isolation as an indicium of trade.

Our jumper is mostly worn without any other information identifying it as a Collingwood jumper.

Most of Darrell Lea’s retailing occurs in premises which its owns or occupies. Other retailing occurs from separate stands or displays in retail premises, such as newsagents, pharmacies, convenience stores and video stores. Darrell Lea has only a minor presence in supermarkets and only, in the past, to a very limited and transient extent in the major chains. Its products are not presented for sale in close proximity to Cadbury's.

Jumpers would be available for purchase side by side.

Colour trade marks - Knowledge - Clayton Utz

Ordinary experience, history and literature all tell us that colours operate as powerful stimulants of memory, identification and loyalty.

www.claytonutz.com

Colour combinations such as the Commonwealth Bank's registrations for the colours black and yellow are more easily registered.[11]This is because the number of combinations of colours is greater and because it is less likely that goods or services will need to be coloured in such a way by competitors.

Single colours, unless they are unusual for the product (“out of left field", as it was put in Philmac[12], are the most difficult to register. Even so, a limited number of single colour marks were registered on the basis of use prior to the 1995 Act. The fundamental requirement for all marks is that they must be “capable of distinguishing” to qualify for registration under the 1995 Act.

Speaks for itself, we've got a trademark on two colours and I imagine the stripes play a role too.

And one with a little grey

Cadbury Does Not Own the Colour Purple (in Australia, at least) - Trademark - Intellectual Property - Australia

On 27 April 2006, Justice Heerey of the Australian Federal Court handed down his decision in Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd (No 4). To quote Justice Heerey "Cadbury does not own the colour purple and does not have an exclusive reputation in purple in connection...

www.mondaq.com

Cadbury does not have an exclusive reputation in the use of this dark purple colour in connection with chocolate. Other traders have, with Cadbury’s knowledge, for many years used a similar shade of purple. Cadbury has not consistently enforced its alleged exclusive reputation. In relation to its chief competitor Nestlé, Cadbury has, for its own commercial reasons, permitted a use of purple in relation to popular chocolate products.

We have exclusive reputation of black and white stripes in the V/AFL, but not in Australian Rules footy.

We've prohibited PA from using black and white stripes, but have given permission on occasion.


Cadbury v Darrell Lea was ultimately settled out of Court and it seems Cadbury still own the trademark in Australia

Cadbury and Darrell Lea settle - King & Wood Mallesons Pulse

Darrell Lea and Cadbury have settled their long running dispute relating to the use of the colour purple by Darrell Lea and the applications by Cadbury to register trade marks for the colour purple. Both parties are pleased to have negotiated a mutually acceptable solution. Mallesons acted for...

ipwhiteboard.com.au

Darrell Lea and Cadbury have settled their long running dispute relating to the use of the colour purple by Darrell Lea and the applications by Cadbury to register trade marks for the colour purple. Both parties are pleased to have negotiated a mutually acceptable solution. Mallesons acted for Cadbury in the Trade Practices litigation.

Bent out of shape over trademark laws

Australian marketers are facing stiff resistance in getting shapes or symbols registered as trademarks.

www.smh.com.au

Cadbury yesterday confirmed it now had the trademark for the colour but it was allowing Darrell Lea to use purple for its stores.

Can I Own a Colour Trade Mark? | LegalVision

Legal Content Writer, Vee Naidoo, explains through examples when a business can own a colour trade mark, and the challenges associated with registration.

legalvision.com.au

Courts have also emphasised the importance of specificity. Generally speaking, companies cannot trade mark a colour, but rather than can only trade mark a specific shade. For example, Cadbury has successfully trade marked Pantone 26558C in Australia. The rationale behind this is that giving one corporation the exclusive right to use a colour would give them an unfair advantage in the market.

For similar reasons, a colour trade mark can only operate with respect to a particular class of goods or services. In the case of Cadbury, courts have described their trade mark as operating in relation to the following:

• milk chocolate in bar and tablet form,
• milk chocolate for eating,
• drinking chocolate, and
• preparations for making drinking chocolate.

Although Cadbury currently holds a registered trade mark in respect of Pantone 26558C in Australia, other brands have successfully challenged this trade mark in other jurisdictions.

 

[RRRanty]

I think, as a compromise, Port should use the prison bars jumper but with Teal in place of white. That way there are no issues for Collingwood and Port can acknowledge both the past Port Magpie heritage and present/future of Port Power.
Plus Eddie and Kochy can leave us all in peace (for a moment).

 

[Prestigerrycomo]

Hello there, I am the guy who runs the #bringbackthebars campaign.

Our campaign has nothing to do with the Magpie, nobody is asking for that, that was mis-direction by Eddie last night.

All we ask is that we be allowed to wear our traditional guernsey (which isn't the same as Collingwoods) on an annual basis.

It's not something that we should even need to ask for, and if you are being reasonable most people would see this argument as ridiculous.

A club as big as Collingwood shouldn't give two shits, I think Eddie painted himself into a corner in the past and needs you guys to point out to him that the argument against is as pointless as the regular debate.

We're always the one who has to compromise. Why don't you guys. If the prison bars is so important change the white to teal

 

[Kirby]

We should never give in on this issue. Port signed up to this.

It's the thin end of the wedge.

 

[PieNSauce]

I find it astonishing that year in and year out the Port Adelaide football club continues to argue for damaging their own brand and potentially ours. To me it makes no sense whatsoever. The commercial reality is that neither the AFL nor the Collingwood football club will ever concede because of the commercial implications. That said, I could see no issue with the prison bars if they replaced the white with teal. As previous posters have said, it aligns their AFL team far more closely with their SANFL team and pays homage to their club's history without any damage the Collingwood football club's brand. The sooner somebody down at that club grows a brain and does things to unite the two teams without attempting to undermine an established brand the sooner that club will begin to flourish without the divisions that this issue always inflame.

 

[Apples]

Hello there, I am the guy who runs the #bringbackthebars campaign.

Our campaign has nothing to do with the Magpie, nobody is asking for that, that was mis-direction by Eddie last night.

All we ask is that we be allowed to wear our traditional guernsey (which isn't the same as Collingwoods) on an annual basis.

It's not something that we should even need to ask for, and if you are being reasonable most people would see this argument as ridiculous.

A club as big as Collingwood shouldn't give two shits, I think Eddie painted himself into a corner in the past and needs you guys to point out to him that the argument against is as pointless as the regular debate.

I'm not so sure about the Power believing the Magpie is irrelevant.
These scarves and shirts prominently featuring a magpie, are common in Adelaide.

 

[jmac70]

Port adelaide get f’ed

This.
We are the black and white, they are the teal.

 

[jackcass]

We're always the one who has to compromise. Why don't you guys. If the prison bars is so important change the white to teal

teal & magenta prison bars maybe

 

[Obese Arachnid]

teal & magenta prison bars maybe

Dunno, Magenta still looks black & white.

 

[Pie eyed]

Yep, no other clubs in the comp share all the same shade of colours and design. Some are similar, but they're still distinctive both in shades (dark vs lighter blue) and designs.

Carlton / Geelong / North Melb - navy blue jumper (plus white monogram) / navy blue & white hoops / blue & white stripes​

Adelaide / Brisbane - navy blue, red & yellow hoops / blue, maroon & yellow​

StKilda / Essendon & Collingwood - the saints have a third colour​

​

I've read arguments that soccer teams in Europe share the same colours in the same comps, but they also play with a round ball and a rectangle pitch - irrelevant in terms of jumpers, but there's a point... just because any another code does something doesn't mean it's good for AFL.

Rugby League have a different jumper every week.
They chuck a bowl of M&M's in the air.

I do not want AFL to become a TV sideshow.

That said I have no issue with Port wearing the Prison Bars at home during this watershed year, not against the Pies and not away from home.
Then not for the next hundred years.

 

[Kirby]

No bloody way mate. They will not stop and it will not end until they wear them every week.

Do not give an inch.

 

[soreplums]

Port had 9 other jumpers before adopting the prison stripes in 1902.

We had one jumper of black and white stripes since 1892.

F**k off Koschi. Bring back your pink jumper!

Port Adelaide Pre AFL Jumpers

add your site description here

www.footyjumpers.com

 

[Horaceg]

Port had 9 other jumpers before adopting the prison stripes in 1902.

We had one jumper of black and white stripes since 1892.

F**k off Koschi. Bring back your pink jumper!

Port Adelaide Pre AFL Jumpers

add your site description here

www.footyjumpers.com

They really wanted to be us a few times way back, good on them I would want that too if we weren’t us.

 

[JM#1]

I may be wrong, but I seem to recall when they entered the AFL they were completely separate and in no way connected to Port Adelaide Magpies. Then at some stage things changed and they were considered the same entity.

 

[AdamMarrett]

I may be wrong, but I seem to recall when they entered the AFL they were completely separate and in no way connected to Port Adelaide Magpies. Then at some stage things changed and they were considered the same entity.

Not to interfere in your thread, I'm not interested in the debate just saw this and thought I'd clear it up.

The Power were the Port Adelaide Football Club formed in 1870 that entered the AFL in 1997. The new side was the Port Magpies that moved to Ethelton off the top of my head as the SANFL wanted the Magpies to remain in the SANFL. Under the terms of Port's entry the two clubs weren't allowed to be linked, whether it was using Alberton for the Magpies to play or train at as the SANFL thought they'd gain a competitive advantage in being linked with the Power. It was until around 2012/13 the Port Adelaide became one club getting rid of that agreement and then the Magpies became the Power reserves around that time. There's a heap of misinformation that gets thrown around by Crows fans and others but that's the basic facts of it. The seperation hurt the Port Adelaide Football Club more then most care to realise with some supporters not coming across and staying loyal to the Magpies etc.

 

[Mkcaptain]

I'm happy to see Eddie has apparently referred Port's petition for the prison bars the AFL's legal unit.

If a contract exists then that should come to light fairly quickly.

 

[KrispyKremePie]

I find it sad that Port have been in the AFL for a while, but are yet to embrace their colours and jumper - constantly bemoaning that they have to have teal in it. For god sake, embrace who and what you are. You wear teal.

Black prison bars on a teal background? I think that could work.


On iPhone using BigFooty.com mobile app

 

[jackcass]

Black prison bars on a teal background? I think that could work.


On iPhone using BigFooty.com mobile app

I still think teal on pink. Closely resembles one of their earlier jumpers.

 

[barrackers]

I'm happy to see Eddie has apparently referred Port's petition for the prison bars the AFL's legal unit.

If a contract exists then that should come to light fairly quickly.

Good. Now let's hijack PA's petition.

Supporter comments · Allow Port Adelaide to wear its black-and-white Prison Bar guernsey in AFL Showdowns · Change.org

www.change.org

 

[AssassinAndy]

I'm not as passionate about this as most other supporters it seems. As long as they don't wear it against Collingwood then I have no issues. The jumper looks good.

 

[Dynamics]

Honour the contract.

The end.