Rochester Inst v Melbourne Tigers NBL

[rmered]

Some of us noticed last year that the 'new' Melbourne Tigers logo was actually the Rochester Institute of Technology Tiger.

Apart from covering up most of it with a dodgy wordmark, and giving it a basketball to hold, too many lines match up perfectly for it to be anything but.

So, I wrote to RIT and ended up conversing with their Senior Graphic Designer, who designed the logo in the first place.

His response was this:

Actually it is incredible how hard of a battle it is to find people here who care enough to stay focused on it. You know what will happen... They?ll turn around and say that we are stealing their tiger! Well we are still pursuing the matter, but there is no telling the outcome. I think part of the problem is it is half way around the world so in peoples minds it must be ?Oh, Australia, it?s harmless.? Thanks for the heads up. Maybe this will help the battle.

Then he spoke to their legal department, and the response was this:

RIT?s registered trademarks are afforded copyright protection in the United States. If we want to protect our trademarks in foreign countries, we?ll need to apply for protection in those countries. Currently, RIT is considering seeking copyright protection in certain foreign countries, but only those where we are offering services. Assuming we were to apply for copyright protection in Australia, we?d have to prove that we were using the tiger in Australia before the Melbourne Tigers were using the logo. I?m not sure we could pass that hurdle. Please let me know if you require additional information

So I guess it begs the question, who owns these marks internationally?

Seems the way RIT view it, if it's only registered in the US, it's fair game elsewhere.

But that seems to 1) be very unfair and 2) opens up a Pandora's Box of problems with international branding.

Anyway, I'm off to sell the AFL a logo for their new football team on the Gold Coast, the Dolphins:

What do you think of MY work?

[DEAD!]

Anyway, I'm off to sell the AFL a logo for their new football team on the Gold Coast, the Dolphins:

What do you think of MY work?

It's nice, but I think you need to replace the 'M' with 'GC'

[rmered]

Anyway, I'm off to sell the AFL a logo for their new football team on the Gold Coast, the Dolphins:

What do you think of MY work?

It's nice, but I think you need to replace the 'M' with 'GC'

No, don't think so.

Might stand for Gold Coast Mighty Dolphins.

[Alphabet Man]

I like how you incorporated the helmet into it, Rob.

[rmered]

I like how you incorporated the helmet into it, Rob.

It's pandering to the AFL's vision to Americanise the game.

Shoulder pads come next, then Yard Lines, then the helmets.

[Alphabet Man]

I like how you incorporated the helmet into it, Rob.

It's pandering to the AFL's vision to Americanise the game.

Shoulder pads come next, then Yard Lines, then the helmets.

I'm looking forward to the face-off circles.

[Primal]

RIT's registered trademarks are afforded copyright protection in the United States. If we want to protect our trademarks in foreign countries, we'll need to apply for protection in those countries. Currently, RIT is considering seeking copyright protection in certain foreign countries, but only those where we are offering services. Assuming we were to apply for copyright protection in Australia, we'd have to prove that we were using the tiger in Australia before the Melbourne Tigers were using the logo. I'm not sure we could pass that hurdle. Please let me know if you require additional information

So I guess it begs the question, who owns these marks internationally?

Seems the way RIT view it, if it's only registered in the US, it's fair game elsewhere.

Disclaimer: My law knowledge is rusty. Haven't been at uni for quite a while.

(I don't like the way this person has mixed up trademark and copyright. They are very distinct issues.)

Australia and the US are both signatories to international treaties that provide reciprocal recognition for each other's copyright laws.

If the image is copyrighted under US law, it is (I THINK) automatically protected by Australian law. There is no need to register it with Australian authorities to gain copyright protection - trademarks are different, but copyright should come automatically.

[Lee.]

Anyway, I'm off to sell the AFL a logo for their new football team on the Gold Coast, the Dolphins:

What do you think of MY work?

I dunno if you know this, but there's a team in the National Foot Ball League called the Miami Dolphins, and they should totally use your logo! It's so much better than their logo is. It's completely awesoemer then theirs is, lulz.

Seriously, do you think they'd use it? I have an old version of photobucketshop, so I'm a graphic desinger, but I can't do with a logo what you did there at all.

[chestnutz]

Anytime Rochester gets in the news I'm happy....might actually go to RIT. Maybe I should help them sue....

[RoughRiders9]

I go to RIT for school. I don't like it there so far....

[rmered]

Anyway, I'm off to sell the AFL a logo for their new football team on the Gold Coast, the Dolphins:

What do you think of MY work?

I dunno if you know this, but there's a team in the National Foot Ball League called the Miami Dolphins, and they should totally use your logo! It's so much better than their logo is. It's completely awesoemer then theirs is, lulz.

Seriously, do you think they'd use it? I have an old version of photobucketshop, so I'm a graphic desinger, but I can't do with a logo what you did there at all.

Why can't you?

I got this program that came with Windows, called Paint, and I made it with that.

All I did was find some logo online and copy it into the Paint.

Which must be some sort of free graphics designer software.

Anyway, there you go, free logo.

Then you have to Save it.

Always Save it, or next time, when you open Paint, it's not there.

PS I have never ever heard of these Miami Dolphins.

Are they a good team, or have I not heard of them because they are no good?