The AFL Commission recently announced that Tasmania is finally set to claim its rightful place in the national AFL competition after it resolved to award a licence based on conditions to a Tasmanian club. This decision follows a series of proposals made by Tasmania since 1987.
Tasmania is aiming for its AFL team to play in the league in 2028 and the AFLW team to begin the following year.
The media has since been abuzz with ideas for a new team name, with ‘Tasmania Devils’ appearing to be the popular choice. Due to the overwhelming popularity of the name, the AFL has now filed a trade mark application to seek the rights to the use of the names ‘Tasmania Devils’ and ‘Tassie Devils’, as well as a Tasmania Devils logo.
The application is currently under examination, but ‘adverse reports’ (i.e., documents outlining the reasons why the trade mark is unsuitable for registration) have been received due to Warner Bros’ trademark for the well-known Looney Tunes cartoon character, ‘Taz’.
Looney Tunes trade marked the iconic character in 1984 and included the words “Tasmanian Devil”. In 2000, they were granted five more trade mark rights for images of Taz.
Following the AFL Commission’s announcement, and as a result of the media attention, Warner Bros has stated that “The Tasmanian Devil [“Taz”] is an iconic Looney Tunes character and Warner Bros appreciates the AFL’s acknowledgement and respect of our registered rights, we have reached out to the league, and we look forward to a happy solution shortly.” 
What can you do if your trade mark is infringed?
A trade mark is a right that is granted over a word, phrase, letter, number, sound, smell, shape, logo, picture or packaging a party uses to represent its products and services.
A person infringes a trade mark right if that person uses as a trade mark a sign that is substantially identical with, or deceptively similar to, the trade mark in relation to goods or services in respect of which the trade mark is registered.
Before you can establish that a trade mark has been infringed, you need to be able to demonstrate and prove that your trade mark is registered, and your rights are in force. You then need to establish that the infringing sign or mark is causing confusion to the public about the origin of the goods or services.
The Warner Bros example demonstrates the importance of reviewing pre-existing trade marks before announcing your brand name, image, or slogan to the general public. Trade mark conflict checks are vital before launching a new brand idea. Without trade mark protection or identifying trade mark conflicts, you may be infringing someone else’s brand (or they may be infringing yours).
It is important to protect your brand and to be conscious of trade marks which are registered. This recent AFL tussle shows that the devil can be in the detail and the strength of trade marks. If you require advice in relation to a potential breach of trade mark or would simply like to discuss the content of this note, please contact Iain Freeman or Millie Richmond-Scott.
