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This is a letter sent from the NZRU to a York based amatuer Rugby League side.
15 April 2004
New Earswick All Blacks ARLFC
New Earswick Sports Club
White Rose Avenue
New Earswick
York
ENGLAND
Dear Mark
New Earswick All Blacks
I am the General Counsel for the New Zealand Rugby Football Union ("NZRU".
We have recently been approached by a New Zealand news organisation which brought our attention to your rugby league club and the use you make of the name "All Blacks".
As you may be aware, the NZRU is the official body responsible for the administration and promotion of rugby union in New Zealand, including the management and promotion of the New Zealand national rugby union team, the "All Blacks". The team has been known by the name All Blacks since 1905 and by the black jersey which forms the basis of the team playing uniform. The All Blacks are New Zealand's premier sporting team and command enormous support and respect within both New Zealand any other rugby playing nations including England. The All Blacks have made regular and highly publicised tours and appearances in England since the late 1880s.
With the advent of professional rugby in 1995 and the related emergence of rugby as a global game, the All Blacks brand has continued to grow in prominence. In order to derive the revenue necessary to compete in the professional era, the NZRU has undertaken an extensive merchandising programme in terms of which licensees have been authorised to manufacture and distribute products bearing the All Blacks name both in New Zealand and abroad. Related to this, the NZRU has made a concerted effort to position the All Blacks brand in the New Zealand and overseas marketplace.
Central to our relationship with our licensees is the ability for us to provide them with exclusivity in their area of the market. If our licensees see third parties making use of the name All Blacks when they are not authorised to do so, this compromises this exclusivity and ultimately our future revenue streams. We understand from your website that you sell merchandise bearing the name All Blacks and generally make fairly widespread use of this name. This has potentially significant commercial implications for us in light of the exclusivity we need to provide to our licensees in England.
In light of this, we would like the opportunity to discuss our concerns with you and find out a bit more about the history of your club and your use of the name All Blacks. We note in this regard that your playing strip and the merchandise you sell does not focus on the colour black as the name All Blacks suggests.
Please get back to me (if possible within the next week by e-mail) so that we can look to progress matters. The easiest thing may be for you to suggest when would be a convenient time would be for you to talk through this matter over the phone.
I look forward to hearing from you.
Yours sincerely
Stephen Cottrell
General Counsel
This is the reply York sent back.
Thanks for your email Stephen
Just to give you some history on New Earswick....
In the late 70's a junior rugby league team was established in the City of
York and played in donated jerseys that were black with a white collar
under the name Dunnington Juniors. In 1983 the club had expanded with a junior and youth section and relocated closer to the city centre. Due to the colour of the jerseys they had allready been nicknamed the All Blacks and the club then became York All Blacks. In 1994 the club relocated to the Village of New Earswick in a ground share arrangement with the New Earswick cricket club and Soccer club and hence took on the name New Earswick All Blacks and then introduced the red V to the clubs jerseys. As part of a recently signed sponsorship deal the Senior team are currently playing under the banner Polar Ford New Earswick All Blacks.
The New Earswick All Blacks are a volunteer organisation with senior
players paying match subs of £3.50 for the privelidge of playing and the
junior section supported by extensive fund raising of the volunteers.
In terms of merchandise sold, we order an additional 5 or 6 jerseys when we
get a new strip and likewise with players training t shirts etc and sell
them to players and committe members with a minimal profit.
No merchandise is sold or produced solely with the name All Blacks , it all
is incorporated within our club badge.
To be honest I don't believe anyone at the club was aware that
the 'All Blacks' was trademarked at the time of the club name being chosen in the 70's and
there are at least 2 other teams in the UK that Im aware of that play with
All Blacks as their nickname.
kind regards
Mark Tipping
http://www.neallblacks.co.uk
Heres the article that appeared in the National News in New Zealand.....................
WHISTLE BLOWN ON LEAGUE'S ALL BLACKS
by Neil Reid
Rugby Bosses are out to tackle league's All Blacks
The New zealand Rugby Union has sent a 'please
explain' Letter to the New Earswick league club in
Yorkshire, England after it renamed its senior side
the All Blacks.
The NZRU owns the All Blacks trademark
The investigation follows a tipp off from Sunday News
"Failure to protect trademarks undermine your rights"
NZRU chief executive Chris Moller said " A trademark
is a very valuable property for all organisations.
"Clearly the All Blacks name, silver fern and the
black jersey are very valuable trademarks and
intellectual property.
" If you are in possesion of information regarding
someone infringing your rights, and you choose to do
nothing about it, then under law you are deemed to
have accepted that situation.
"Even though it is another sport, and an amateur
organisation, we are obliged to take steps.
"Otherwise we might find our selves in a situation
that is not desirable."
The league clubs website reveals it was founded in
1983 as the York All Blacks. It was renamed the New
Earswick All Blacks in April 1994.
The club - which has become a feeder team for the
English Super League - Refers to its stars as All
Blacks.
It won last years Yorkshire league
New Earswick offical Mark Tipping wouldn't comment
But Moller said the NZRU was determined to get some
answers
"we will make appropriate inquiries" Moller said. "we
need to find out more facts. we'll be asking for some
background.
There will be a letter sent from the rugby union
saying we have noticed this is our trademark.
"Obviousley they're an amateur organisation in their
code. we're not in the business of trying to use big
heavy boots on these sorts of things."
What action would be taken would depend on the facts
he said
And what about all the other teams that use the name All Balcks. Apparently there is an AFL team, there is the Redfern All Blacks who the current holders of the Aboriginal knockout, and no doubt numerous other Aboriginal sides. Not to mention the Neath Union club in Wales, who have now struck back saying they have been the All Balcks since the late 19th Century.
15 April 2004
New Earswick All Blacks ARLFC
New Earswick Sports Club
White Rose Avenue
New Earswick
York
ENGLAND
Dear Mark
New Earswick All Blacks
I am the General Counsel for the New Zealand Rugby Football Union ("NZRU".
We have recently been approached by a New Zealand news organisation which brought our attention to your rugby league club and the use you make of the name "All Blacks".
As you may be aware, the NZRU is the official body responsible for the administration and promotion of rugby union in New Zealand, including the management and promotion of the New Zealand national rugby union team, the "All Blacks". The team has been known by the name All Blacks since 1905 and by the black jersey which forms the basis of the team playing uniform. The All Blacks are New Zealand's premier sporting team and command enormous support and respect within both New Zealand any other rugby playing nations including England. The All Blacks have made regular and highly publicised tours and appearances in England since the late 1880s.
With the advent of professional rugby in 1995 and the related emergence of rugby as a global game, the All Blacks brand has continued to grow in prominence. In order to derive the revenue necessary to compete in the professional era, the NZRU has undertaken an extensive merchandising programme in terms of which licensees have been authorised to manufacture and distribute products bearing the All Blacks name both in New Zealand and abroad. Related to this, the NZRU has made a concerted effort to position the All Blacks brand in the New Zealand and overseas marketplace.
Central to our relationship with our licensees is the ability for us to provide them with exclusivity in their area of the market. If our licensees see third parties making use of the name All Blacks when they are not authorised to do so, this compromises this exclusivity and ultimately our future revenue streams. We understand from your website that you sell merchandise bearing the name All Blacks and generally make fairly widespread use of this name. This has potentially significant commercial implications for us in light of the exclusivity we need to provide to our licensees in England.
In light of this, we would like the opportunity to discuss our concerns with you and find out a bit more about the history of your club and your use of the name All Blacks. We note in this regard that your playing strip and the merchandise you sell does not focus on the colour black as the name All Blacks suggests.
Please get back to me (if possible within the next week by e-mail) so that we can look to progress matters. The easiest thing may be for you to suggest when would be a convenient time would be for you to talk through this matter over the phone.
I look forward to hearing from you.
Yours sincerely
Stephen Cottrell
General Counsel
This is the reply York sent back.
Thanks for your email Stephen
Just to give you some history on New Earswick....
In the late 70's a junior rugby league team was established in the City of
York and played in donated jerseys that were black with a white collar
under the name Dunnington Juniors. In 1983 the club had expanded with a junior and youth section and relocated closer to the city centre. Due to the colour of the jerseys they had allready been nicknamed the All Blacks and the club then became York All Blacks. In 1994 the club relocated to the Village of New Earswick in a ground share arrangement with the New Earswick cricket club and Soccer club and hence took on the name New Earswick All Blacks and then introduced the red V to the clubs jerseys. As part of a recently signed sponsorship deal the Senior team are currently playing under the banner Polar Ford New Earswick All Blacks.
The New Earswick All Blacks are a volunteer organisation with senior
players paying match subs of £3.50 for the privelidge of playing and the
junior section supported by extensive fund raising of the volunteers.
In terms of merchandise sold, we order an additional 5 or 6 jerseys when we
get a new strip and likewise with players training t shirts etc and sell
them to players and committe members with a minimal profit.
No merchandise is sold or produced solely with the name All Blacks , it all
is incorporated within our club badge.
To be honest I don't believe anyone at the club was aware that
the 'All Blacks' was trademarked at the time of the club name being chosen in the 70's and
there are at least 2 other teams in the UK that Im aware of that play with
All Blacks as their nickname.
kind regards
Mark Tipping
http://www.neallblacks.co.uk
Heres the article that appeared in the National News in New Zealand.....................
WHISTLE BLOWN ON LEAGUE'S ALL BLACKS
by Neil Reid
Rugby Bosses are out to tackle league's All Blacks
The New zealand Rugby Union has sent a 'please
explain' Letter to the New Earswick league club in
Yorkshire, England after it renamed its senior side
the All Blacks.
The NZRU owns the All Blacks trademark
The investigation follows a tipp off from Sunday News
"Failure to protect trademarks undermine your rights"
NZRU chief executive Chris Moller said " A trademark
is a very valuable property for all organisations.
"Clearly the All Blacks name, silver fern and the
black jersey are very valuable trademarks and
intellectual property.
" If you are in possesion of information regarding
someone infringing your rights, and you choose to do
nothing about it, then under law you are deemed to
have accepted that situation.
"Even though it is another sport, and an amateur
organisation, we are obliged to take steps.
"Otherwise we might find our selves in a situation
that is not desirable."
The league clubs website reveals it was founded in
1983 as the York All Blacks. It was renamed the New
Earswick All Blacks in April 1994.
The club - which has become a feeder team for the
English Super League - Refers to its stars as All
Blacks.
It won last years Yorkshire league
New Earswick offical Mark Tipping wouldn't comment
But Moller said the NZRU was determined to get some
answers
"we will make appropriate inquiries" Moller said. "we
need to find out more facts. we'll be asking for some
background.
There will be a letter sent from the rugby union
saying we have noticed this is our trademark.
"Obviousley they're an amateur organisation in their
code. we're not in the business of trying to use big
heavy boots on these sorts of things."
What action would be taken would depend on the facts
he said
And what about all the other teams that use the name All Balcks. Apparently there is an AFL team, there is the Redfern All Blacks who the current holders of the Aboriginal knockout, and no doubt numerous other Aboriginal sides. Not to mention the Neath Union club in Wales, who have now struck back saying they have been the All Balcks since the late 19th Century.
