AFL reaches in-principle agreement with Tasmania for 19th team

[bulldogsthru&thru]

They'll be called the tigers when it's all said and done.

[Sedat]

Surely they own the cartoon character not the Tassie Devil animal image?

Warner Bros are the intellectual property owners of the name, which is really everything. And they would have registered the Trade Mark in all relevant commercial classifications of consumer products and services that the AFEL would require for the name to be used and commercialised.

AFEL will have to negotiate with Warner Bros for the current and future commercial value of this intellectual property. It won't be easy and it will be costly.

[hujsh]

They'll be called the tigers when it's all said and done.

That would be funny just as a further FU to Richmond

[hujsh]

From the add riddled nightmare hellscape that is the Daily Mail

Fans hoping that the new AFL franchise in Tasmania will be called the Devils may end up disappointed with the league set to clash with Warner Bros over the use of the name, which is also a cartoon character owned by the entertainment company.

Tasmania will have an AFL team after the presidents of the 18 existing clubs unanimously agreed to grant the state the league's 19th licence on Tuesday.

In the wake of Saturday's announcement of federal government funding for a new waterfront stadium in Hobart, existing club presidents met and unanimously ticked off Tasmania's entry into the league.

A brief AFL statement, quoting outgoing chief executive Gillon McLachlan, confirmed that the AFL Commission has ratified the decision for a 19th team to be formed.
'See you in Tassie tomorrow,' McLachlan said.

The AFL has filed for a trademark on the use of the name Tassie Devils while an under-18s side on the Apple Isle is already using the moniker

The Tasmanian Devil is a carnivorous marsupial native to the island state - and also a beloved Warner Brothers cartoon character

The Tasmanian Devils is the fan-favourite name for the new team, along with other options including the Apples, Mariners and Mountaineers.
However, the AFL would need to broker a deal with Warner Brothers Entertainment to use the Devils moniker.

The National Basketball League (NBL) featured the Hobart Devils from 1983-1986 and the Hobart Tassie Devils from 1987?1995, with the Hobart Devils name returning for the franchise's final season in 1996.

When the club folded, Warner Brothers quickly trademarked the character and registered the name Tasmanian Devil in 1997.

When the NBL announced that Tasmania would be returning to the league in the 2021/22 season, the name was unavailable because a request for the name 'Tassie Devils' to be trademarked had been filed by the AFL with the Federal Government.

That application has been sitting in limbo since 2019 with a final determination to be made by July 17 this year.
The AFL had intended to use the name for a potential VFL side from the Apple Isle, instead using it for an under-18s side called the Tasmania Devils, while the Tasmanian basketball side ultimately became the Jackjumpers.

I'm no lawyer but I can't imagine that WB can trademark the concept of an animal anymore than Disney can trademark the concept of a mouse.

[Sedat]

I'm no lawyer but I can't imagine that WB can trademark the concept of an animal anymore than Disney can trademark the concept of a mouse.

They can't but they can absolutely trademark the name, which they have done. There is a commercial value for this intellectual property and the current owner will need to be adequately compensated (for its present day value and for its future value in consumer products and services). Sharing the intellectual property of the name is an option but that won't be easy or cheap either, and it will be messier. Anyway, I'm sure the boffins at City Hall would have factored this in and have a plan in place accordingly because it is not a simple nor an inexpensive process.

As I said, KW-W has the perfect experience to manage this negotiation (although she is president of the biggest direct competitor to Warner Bros, which would make it complicated for different reasons).

It really is the only name the new team should have - anything else will be an inferior substitute.

[hujsh]

They can't but they can absolutely trademark the name, which they have done. There is a commercial value for this intellectual property and the current owner will need to be adequately compensated (for its present day value and for its future value in consumer products and services). Sharing the intellectual property of the name is an option but that won't be easy or cheap either, and it will be messier. Anyway, I'm sure the boffins at City Hall would have factored this in and have a plan in place accordingly because it is not a simple nor an inexpensive process.

As I said, KW-W has the perfect experience to manage this negotiation (although she is president of the biggest direct competitor to Warner Bros, which would make it complicated for different reasons).

It really is the only name the new team should have - anything else will be an inferior substitute.

Okay but surely if I trademark the name of an existing animal that really has no legal weight unless the copy something from the character itself. Micky Mouse or Tony the Tiger is one thing but if I made a character named Wombat there's no way that would stop someone naming a team the Wombats.

[Sedat]

Okay but surely if I trademark the name of an existing animal that really has no legal weight unless the copy something from the character itself. Micky Mouse or Tony the Tiger is one thing but if I made a character named Wombat there's no way that would stop someone naming a team the Wombats.

All iterations of the name (ie: Tassie Devil, Tasmanian Devil) are owned by Warner Bros and the trademark of this name has been registered by its owner for commercial use purposes in all classifications of consumer goods and services. There could be a legal argument mounted that the name is in the public domain (being an existing animal) and can therefore be used by multiple parties, but I don't think that will fly because the AFEL are fully intending to commercialise the name through this team and not through the existing animal.

I suspect the AFEL are going to have to come to the table and negotiate with Warner Bros for the formal release of the name (or to share usage of the name in a commercial capacity). Or they will go the cheap option and use an inferior name for the new team.

[MrMahatma]

All iterations of the name (ie: Tassie Devil, Tasmanian Devil) are owned by Warner Bros and the trademark of this name has been registered by its owner for commercial use purposes in all classifications of consumer goods and services. There could be a legal argument mounted that the name is in the public domain (being an existing animal) and can therefore be used by multiple parties, but I don't think that will fly because the AFEL are fully intending to commercialise the name through this team and not through the existing animal.

I suspect the AFEL are going to have to come to the table and negotiate with Warner Bros for the formal release of the name (or to share usage of the name in a commercial capacity). Or they will go the cheap option and use an inferior name for the new team.

Hopefully WB look at it as an opportunity and put some sponsor $ behind them, rather than limiting it.

[Sedat]

Hopefully WB look at it as an opportunity and put some sponsor $ behind them, rather than limiting it.

That's a possibility but Warner Bros completely holds the whip hand here - I could possibly see it working in a co-branded capacity (for example, Taz being the official club mascot would be quite tempting for them), but Warner Bros effectively having partial ownership of the new team through commercial application means they have the AFEL in their pockets. Also how would the new team feel about playing games at Marvel Stadium, unless of course Warner Bros coerces the AFEL to change the name to DC Comics Stadium

[Daughter of the West]

The Tasmanian Devils is the fan-favourite name for the new team, along with other options including the Apples, Mariners and Mountaineers.
However, the AFL would need to broker a deal with Warner Brothers Entertainment to use the Devils moniker.

Who are the fans that want to be known as apples?!? The Mariners or Mountaineers sure, but how intimidating is piece of fruit??

[Flamethrower]

WB has trademarked Tasmanian Devil, the Coyote and the Roadrunner.

NHL team Arizona are the Coyotes, and University of Texas at San Antonio are the Roadrunners.

AFLs new club should be the Hobart Devils.

And tell the Seppos to worry about their own hole of a country that is heading for idiocracy.

And I forgot about the NHL's New Jersey Devils - the nickname is already used in Seppo land.

[bornadog]

The name of the new club doesn't necessarily have to have the Name Tasmania, or Tassie in it, does it?

[bulldogsthru&thru]

Who are the fans that want to be known as apples?!? The Mariners or Mountaineers sure, but how intimidating is piece of fruit??

Can you imagine their mascot? You'd think you'd have gone to a health education lesson for kids.

What would their club song be??

[hujsh]

Can you imagine their mascot? You'd think you'd have gone to a health education lesson for kids.

What would their club song be??

They say an apple a day
keeps the doctor away
but you'll need a doctor
when the apples are done with you

[GVGjr]

The name of the new club doesn't necessarily have to have the Name Tasmania, or Tassie in it, does it?

Good point, the devil's might clash with the demons though.