Quote ="Slugger McBatt"I represented someone 24 years ago, when I still worked in the defence, for selling framed team photographs of Manchester United on market stalls (they were producing them), and the problem was the use of the logo, not the name. I expect teams like United are even hotter at now, with all image rights, but this wasn't a civil case but a trading standards prosecution.
From memory, it was because by including the logo they gave the buyer the impression they were buying official merchandise, so misleading the buyers. I remember they got really whacked when they were fined.'"
Indeed, this is clear 'passing off' and is a quite powerful legal tool, but you need money and time to really assert your brand.
It's whether you can get people to agree that a reasonable person would assume the product is made or sanctioned by the club.
From the government site, it appears that the logo itself is not protected, but the words 'Wakefield Trinity' are listed, which I guess is slightly stronger in that no sportswear can be made without the club's permission with the words on it.
Even patents are worthless until they've been tested in a hearing.
