Our Ref: JPI:956033
8th August, 1995
Mr. Darryl Harvey
7 Crows Lane
Glen Waverley Vic 3150
AUSTRALIAN FOOTBALL LEAGUE
We act for the Australian Football League ("AFL") which conducts an Australian Rules football competition throughout Australia.
Our Client has advised us that you are offering on the internet a football product using the 1995 AFL season Fixture, AFL logos and photographs.
The AFL is the registered proprietor of an extensive range of trade marks including without limitation the AFL shield logos and the shield logos used and adopted by all Clubs competing in the AFL competition. The AFL holds copyright in respect of other logos, insignias, itmes of plyaing uniform and other images associated with the AFL competition and also its fixture of matches.
The AFL recerves its right to take action against any person, corporation or any entity who or which in any way engages in false or misleading conduct, passes off that its products or services are connected with the AFL or acts in a way so as to imply sponsorship, approval or affilation which has not been granted by the AFL.
The AFL licenses certain parties to exercise the right to exploit the intellectual property and other rights of the AFL principally through various Commodity Licence Agreements.
Save and except as provided in such Agreements or otherwise as may be specifically agreed by the AFL, no person, corporation or entity has any right to utilise any property of the AFL or to act in any false or misleading manner or to pass off that its goods or servcies are those of the AFL or to represent a sponsorship, approval or affilation of or with the AFL.
Our client proposes to issue proceedings against you unless you agree and undertake to:-
BROWNE & CO.
What can I say? I was only trying to help promote the game by supplying public information, without financial gain. I admit I was wrongly using the Logo and have ceased to do so, but still believe that the information I provided was for the benifit of the AFL and the game and in no way ever tried to make monetary gains, or act in any fase or misleading manner to pass off that this was in any way connected with, approved, sponsored by or afiliated with the AFL.
Of course some of you will be dissapointed that this information is no longer available, especially the fixture, how are you to know who is even playing each week. If anyone feels like they would like to have a say in this matter, here are some numbers that may help you to direct your complaints, letters, suggestions:See the AFL Scandal Page
I will continue to post the information that I am allowed to without endorsement or restrictions, I believe that am allowed to post the game results, the ladder and the goalkickers. These sections are not mentioned in the letter and until I hear otherwise I will continue along these lines. Again, I stress, I am NOT fighting the AFL, am not affiliated with, approved, endorsed or sponsored by the AFL. I just want to promote the game and help those that want to hear about the game and keep in touch with it.
- AFL Phone number: +61 3 9654 1244 (International)
- AFL Phone number; (03) 9654 1244 (Within Australia)
- AFL Fax Number: +61 3 9654 1143 (International)
- AFL Fax Number: +61 3 9654 1143 (Within Australia)