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Will Ipswich & Newtown be heading to court ?

joshreading

Moderator
Staff member
Messages
1,720
Two Things

1. The reference to the trademarks base does little to change the issue - for instance both Newcastle United, New York and Newtown all have Jets in their reference.

In actual fact the New York Jets made first reference (in 79) in trademarks over Newtown in 82.

You should also note this is recognised effectively by Newcastle United when the primary reference of difference is NOT to Newtown but New York (American football) in their classes claim. http://pericles.ipaustralia.gov.au/...o=1&p_ExtDisp=D&p_detail=DETAILED#t1050499c16 If anything the group that actually might make claim is Newcastle not Newtown as they have tried to sew up the image and merch.

If anyone owns 'Jets' in the trademarks database it New York not Newtown

Ipswich if they so chose (which I think the name should be SQ Diggers anyway) can do the same as Newcastle United.

The issue is not exactly the name as shown, it is provable infringement in business operation. As Newtown IS NOT NOW part of the NRL in anyway that is going to be difficult.

2. Believing Newtown did not draw inspiration for the name from New York is blind. Doing so is nothing to be ashamed of but it is ridiculous to suggest otherwise.
 
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mightybears

Bench
Messages
4,342
Yes it was, but that was in response to be people saying Newtown just stole the name from New York, which was definitely not the case.

See below comment.

yeah but the Newtown Jet logo/design was that of the NY Jets.
 

BunniesMan

Immortal
Messages
33,700
Two Things

1. The reference to the trademarks base does little to change the issue - for instance both Newcastle United, New York and Newtown all have Jets in their reference.

In actual fact the New York Jets made first reference (in 79) in trademarks over Newtown in 82.

You should also note this is recognised effectively by Newcastle United when the primary reference of difference is NOT to Newtown but New York (American football) in their classes claim. http://pericles.ipaustralia.gov.au/...o=1&p_ExtDisp=D&p_detail=DETAILED#t1050499c16 If anything the group that actually might make claim is Newcastle not Newtown as they have tried to sew up the image and merch.

If anyone owns 'Jets' in the trademarks database it New York not Newtown

Ipswich if they so chose (which I think the name should be SQ Diggers anyway) can do the same as Newcastle United.

The issue is not exactly the name as shown, it is provable infringement in business operation. As Newtown IS NOT NOW part of the NRL in anyway that is going to be difficult.

2. Believing Newtown did not draw inspiration for the name from New York is blind. Doing so is nothing to be ashamed of but it is ridiculous to suggest otherwise.
Newcastle copyrighted specifically for soccer. Now Ipswich could make some tennis balls with their logo on them but I don't think they'd be interested in that. Face it you stubborn fool, Newtown OWNS the word "Jets" in this country when it comes to rugby league. There's nothing anyone can do about that if they choose to exercise their right.
 

joshreading

Moderator
Staff member
Messages
1,720
ohhh... ad hominem argument that works well.

I have already said this issue is not as clean cut as some want to make it. The issue is infringement of identity in business operation (I KNOW this as I have worked in this area relating to small business).

It is also not as easy as saying Newtown have it for Rugby League - such can be seen in Glenelg (SANFL) and Richmond both having Trademarks for Tigers in the sport of Aussie Rules.

Newtown would have to prove that it would infringe their operation and identity (and is an issue of financial clout which the NFL has). Such is NOT as easy as one might think.

My point is as simple as this: It is not as simple as 'Newtown had it first'
 

BDGS

Bench
Messages
4,102
ohhh... ad hominem argument that works well.

I have already said this issue is not as clean cut as some want to make it. The issue is infringement of identity in business operation (I KNOW this as I have worked in this area relating to small business).

It is also not as easy as saying Newtown have it for Rugby League - such can be seen in Glenelg (SANFL) and Richmond both having Trademarks for Tigers in the sport of Aussie Rules.

Newtown would have to prove that it would infringe their operation and identity (and is an issue of financial clout which the NFL has). Such is NOT as easy as one might think.

My point is as simple as this: It is not as simple as 'Newtown had it first'

I don't think anybody said it was that simple.
 

_Johnsy

Referee
Messages
27,821
My point is as simple as this: It is not as simple as 'Newtown had it first'

Read the first post in this thread, and try to keep the hypothetical scenario in context (rugby league in Australia). 2 completely different markets New York NFL > Newtown RL in Oz.

When it comes to the use of the "Jets" moniker in Australian rugby league. Newtown, yeah they had it first.
 
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jonno_knights

Juniors
Messages
2,142
Come on, we're just itching to find out all the wonderful history and meaning associated with Knights of Newcastle.

Knights = Men of Steel

Newcastle = Former Steel City

Same as the Illawarra Steelers in reference to the Port Kembla Steelworks.

Not sure if thats the exact reason for the name. But is a pretty good reason.

EDIT: Well It was the reason for the name. From the Knights Website;

"Team formed under the name Newcastle Knights, so named as Knights are men of steel, and Newcastle was a steel town"

So there you go smart arse.
 
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_Johnsy

Referee
Messages
27,821
Come on we're just itching to find out the wonderful history and meaning associated with the Titans & the Gold Coast, and Broncos & Brisbane.
 

RockWheel

Bench
Messages
2,872
Because of all the broncos in Queensland? Certainly wasn't because of an American football team, you can be sure of that.
 

jonno_knights

Juniors
Messages
2,142
Come on we're just itching to find out the wonderful history and meaning associated with the Titans & the Gold Coast, and Broncos & Brisbane.

What came first the Titanium Bar, or the Titans? Cause they both use the same logo. And I know there is a link between the two.
 

joshreading

Moderator
Staff member
Messages
1,720
Read the first post in this thread, and try to keep the hypothetical scenario in context (rugby league in Australia). 2 completely different markets New York NFL > Newtown RL in Oz..

Actually the issue at hand has little to do with that legally. New York trademarked the 'Jets' in Australia before anyone else here not just in the USA (which makes it the same overall legal market). What I have shown conclusively is that different sporting teams even in the same code can have the same moniker and it not be considered a breach of trademark. If such can exist in Aussie Rules between an AFL team and a SANFL team then it can exist between a new NRL team and a NSW Cup side.

The argument has actually been that Newtown have the rights by virtue of being first and having a trademark claim that includes the 'Jets' in their claim. Both are not anywhere near conclusive as has been shown.

It is true that if taken to court that Newtown 'might' win or more likely that Ipswich would back down because of publicity (as with Redcliffe). I have no emotional attachment to the idea of Jets (I rather SQ Diggers and think atleast Ipswich is a bad idea) The emotion based argument centred around tradition (NSW based) wins very little in a legal sense.
 

Third Bugler

Juniors
Messages
17
Not one person has stated in this thread that the history of rugby league in Australia starts and ends in Sydney.

Some people have given their opinions, some that regard their club about its history. That clubs history is no less or no more important than your teams history. I would expect you to defend your clubs proud history, as long or short as it may be.

Lets take a walk down memory lane. The NSWRL competition was the best RL competition in the world, bar none. This is why Brisbane & QLD players continually went south to make more $$$ and to play in the best RL comp in the world. It is also why Brisbane chose to make an application to join it, the NSWRL certainly did not ask Brisbane to join.

The competition has certainly evolved since then, and is still the premier RL comp in the world. The evolution is bolstered by it's expansion, and each clubs history should be celebrated not denigrated. I would have expected some regard for the foundations and history (of all clubs past & present) of the evolved competition that is now contested.

Is that asking too much ?

Are you being deliberately disingenuous? Of course the NSWRL didn't ask 'Brisbane' to join.

What the NSWRL did was invite the QRL to consider a team to be entered in the top-level NSWRL comp. Several times. 'Brisbane' in the form of the BRL was a stumbling block, not the prime mover.
 

bobmar28

Bench
Messages
4,304
Okay morons you're going in circles now. It's bloody simple. Ipswich gets to use the Jets name if Newtown doesn't fight it. If Newtown does fight it Newtown will win, it has the copyright, that's what copyright's are for.

That sounds expensive....... And won't it look like sour grapes?
 

bobmar28

Bench
Messages
4,304
Come on we're just itching to find out the wonderful history and meaning associated with the Titans & the Gold Coast, and Broncos & Brisbane.

When the Gold coast had trouble with Redcliffe over the use of the name Dolphins (the best name for them imo) they offered several names for the fans to vote on. Titans was the winner.
 

_Johnsy

Referee
Messages
27,821
Are you being deliberately disingenuous? Of course the NSWRL didn't ask 'Brisbane' to join.

What the NSWRL did was invite the QRL to consider a team to be entered in the top-level NSWRL comp. Several times. 'Brisbane' in the form of the BRL was a stumbling block, not the prime mover.

Not entirely disingenuous ;-). A proposal was put to Brisbane initially from the NSWRL, but the QRL voted against it. The next year Brisbane made an approach to the NSWRL to see if the proposal put to them still stood. They then submitted their bid & were admitted the following year.
 
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