Palman Qui Meruit Ferat
Brisbane Lions Battle hits court
THE Brisbane Lions were trying to shut out the historic Fitzroy Football Club by introducing a new logo, a court heard today.
The controversial logo, dubbed the "Paddlepop lion" by unhappy Fitzroy supporters, is at the centre of a legal stoush.
In a statement lodged at the Supreme Court, Fitzroy claims Brisbane broke a 1996 merger agreement and deed of company arrangement that would use the trademark logo "in perpetuity".
The historic logo, introduced in 1965, depicts a standing lion with its paw on a football.
At the end of the 2009 season, Brisbane Lions revealed its new logo, which displays a lion's face.
Today both parties are in court, with lawyers for Brisbane seeking a security order for any costs incurred if Fitzroy loses the case.
Rodney Garratt, QC, for Brisbane, said a loss to Fitzroy could result in high legal costs for Brisbane.
"Fitzroy is seeking to control the activities of an ongoing organisation and it threatens to cost us significant loss," Mr Garratt said.
He said his client was a club that was going forward, while Fitzroy had gone under.
Mr Garratt said the club had a "shrinking if not vanishing supporter base" in Melbourne.
The comment drew a response from Victorian Supreme Court Associate Justice Nemeer Mukhtar.
"You will upset some people talking like that," he said.
"I think there is still some bleeding."
Brisbane is arguing Fitzroy should pay a $177,000 bond to ensure Brisbane receives legal costs if it wins the case.
The court heard Fitzroy is in a poor financial state and may have to collect money from the public to fund legal costs.
Stuart Glacken, SC, for Fitzroy, said his client's case was a strong and simple one. He said the Fitzroy Football Club was a non-profit company and the case had been instigated with no financial motive.
The case continues.
Kate Jones Herald Sun March 04, 2010
