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It's restraint of trade, pure and simple.


The AFL has acknowledged that Port Adelaide in the AFL is the same club from the SANFL, therefore they also acknowledge that the PBs are a significant icon from our rich history.


To deny us the opportunity to wear such an important symbol of our club to celebrate our history, to unite our supporters, and to derive revenue from merchandise, on the flimsy pretext that Collingwood "own black and white" is a clear restraint of trade. Particularly, since one party, Collingwood, isn't actually making any compensation.



Additionally, some points of clarification:


1. The only trademark that would be relevant is the Collingwood logo. The guernsey is not a trademark.


2. "Black and white" cannot be owned in a legal sense.


3. The legal argument from a rights infringement point of view, in my opinion, would come down to two points:

— the visual difference between the PBs and the current Collingwood guernsey (hence why CW changed from B on W, to W on B around 2000)

— whether Port selling PB merch would erode CW merch sales (which is clearly a ridiculous premise)



However, all of this is academic, as the AFL makes the call and if they side with the guy that brings in $$$$$$$ for the AFL, the only thing we have remaining is being belligerent and submitting the PBs each and every year to force them to refuse each and every year, and making a press release each time they do.


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