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Friday, February 12, 2010
Heart FC ignites row with AFL over name
Date: January 29th 2010
Author: Stephen Rielly
From: The Australian
VICTORIA's second A-League team is expected to announce within a fortnight that it will enter the competition this year under the name Melbourne Heart FC.
If this proves to be so, it will be despite objections from the AFL and the Melbourne Lord Mayor's Charitable Fund.
The AFL, on behalf of the 151-year-old Melbourne Football Club, sent a legal letter of complaint to Football Federation Australia late last year about the prospect of the 11th A-League outfit bringing Melbourne and FC together in its name.
While IP Australia, the federal agency which grants rights in patents, trademarks and designs, has no record of an objection from the AFL and only two weeks ago granted approval to the name Melbourne Heart FC, a formal protest was lodged by the Lord Mayor's Charitable Fund seven days ago, on January 22.
The fund, which has three registered trademarks for the name Heart of Melbourne, has until April 22 to substantiate its objections with IP Australia. Despite this, Heart chief executive Scott Munn said yesterday he was "confident that the imminent launch of the club's name, logo and colours will proceed".
The AFL and the Melbourne Football Club sought to prevent the Heart from using any combination of Melbourne and FC but, perhaps, did not take the matter to IP Australia because the official title of Victoria's existing A-League team -- Melbourne Victory FC carries both elements.
It is understood that the AFL's general manager of legal services Andrew Dillon pursued the matter with Tim Holden, a lawyer who handles intellectual property matters for the FFA, and Munn who, 12 months ago, was the AFL's licensing and new business manager.
"My understanding from the FFA is that we have been permitted to proceed provided there is sufficient differentiation in the name to avoid any confusion," Munn said. "That if we want, just as an example, to call ourselves Melbourne Jets FC, with Jets clearly being a point of difference, then we can."
The new A-League team is expected to play in a red and white striped strip.
http://www.theaustralian.com.au/news/sport/heart-fc-ignites-row-with-afl-over-name/story-e6frg7mf-1225824479635
Author: Stephen Rielly
From: The Australian
VICTORIA's second A-League team is expected to announce within a fortnight that it will enter the competition this year under the name Melbourne Heart FC.
If this proves to be so, it will be despite objections from the AFL and the Melbourne Lord Mayor's Charitable Fund.
The AFL, on behalf of the 151-year-old Melbourne Football Club, sent a legal letter of complaint to Football Federation Australia late last year about the prospect of the 11th A-League outfit bringing Melbourne and FC together in its name.
While IP Australia, the federal agency which grants rights in patents, trademarks and designs, has no record of an objection from the AFL and only two weeks ago granted approval to the name Melbourne Heart FC, a formal protest was lodged by the Lord Mayor's Charitable Fund seven days ago, on January 22.
The fund, which has three registered trademarks for the name Heart of Melbourne, has until April 22 to substantiate its objections with IP Australia. Despite this, Heart chief executive Scott Munn said yesterday he was "confident that the imminent launch of the club's name, logo and colours will proceed".
The AFL and the Melbourne Football Club sought to prevent the Heart from using any combination of Melbourne and FC but, perhaps, did not take the matter to IP Australia because the official title of Victoria's existing A-League team -- Melbourne Victory FC carries both elements.
It is understood that the AFL's general manager of legal services Andrew Dillon pursued the matter with Tim Holden, a lawyer who handles intellectual property matters for the FFA, and Munn who, 12 months ago, was the AFL's licensing and new business manager.
"My understanding from the FFA is that we have been permitted to proceed provided there is sufficient differentiation in the name to avoid any confusion," Munn said. "That if we want, just as an example, to call ourselves Melbourne Jets FC, with Jets clearly being a point of difference, then we can."
The new A-League team is expected to play in a red and white striped strip.
http://www.theaustralian.com.au/news/sport/heart-fc-ignites-row-with-afl-over-name/story-e6frg7mf-1225824479635
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