San Francisco 49ers recruit Jarryd Hayne and his former NRL club Parramatta are at loggerheads over intellectual property following the release of merchandise featuring his NFL number and T-shirts emblazoned with his trademarked Hayne Plane name.
The Eels have released T-shirts which feature his NFL No.38 on the back of them while the front is emblazoned with the slogans "All Aboard #Hayne Plane" and "Dream Big #Hayne Plane" while they're also selling official Eels jerseys from their online store which features No.38 on the back for $100. The Hayne No.38 Eels jersey.
The Hayne No.38 Eels jersey. Photo: parraeels.com.au The Hayne Plane brand was registered by the football star before he left Australia to trial for the NFL and it's registered in Australia, New Zealand and the United States via the Madrid system for the international registration of trademarks. It basically means anyone who wants to use "Hayne Plane" for commercial reasons must seek his consent. Fairfax Media understands Hayne was not consulted about the white T-shirts which are being sold on the club's online store to adults for $25 and $20 for kids. Another possible bone of contention is Parramatta's marketing department using Hayne's image to promote the products, something that could be interpreted by fans as his official endorsement. Normally a celebrity who works in conjunction with an organisation to produce merchandise featuring their trademark signs off on the project to ensure their image is protected. It's understood neither Hayne or his agent Wayne Beavis was afforded an opportunity to view Parramatta's stock. Beavis told Fairfax Media on Thursday that he planned to look into the matter before adding it was crucial Hayne's trademark was protected. "I haven't spoken to them about that," Beavis said of the club selling the T-shirts. "We'll have a look to see what it is, what the content of it is." Parramatta paid Hayne $52,000 after releasing him from the final year of his contract so he would promote Parramatta during his American adventure.
The arrangement included regular blogs, promotional appearances whenever he's in Australia and, if the NFL permitted it, selling his San Francisco jersey in the Eels merchandise shop. It's understood there was no allowance under the agreement for the club to profit from the use of Hayne's intellectual property. The football star has reportedly already taken one Australian entrepeneur to task for attempting to sell two"authentic" pieces of memorabilia - framed San Francisco jerseys with a signature card the footballer signed for another memorabilia range - for $1699 per piece. The former State of Origin star and two-time Dally M medallist recently unveiled his trademarked logo on a T-shirt was described as being like a Fijian Falcon and on the back was his San Francisco 49ers No.38. Fairfax Media contacted Parramatta about the matter but the Eels have yet to make an official response. Read more: http://www.smh.com.au/rugby-league/parramatta-eels/jarryd-hayne-and-parramatta-eels-at-loggerheads-over-unauthorised-merchandise-20150910-gjjhu3.html#ixzz3lJZT1ogR Follow us: @smh on Twitter | sydneymorningherald on Facebook
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Really is a slow media day, if this is the main story on SMH ! ! !
He's going to sue the club over a hashtag the club first published? Pretty sure the club has control over that hashtag given they were the first to publish it. And since when can you sue over the use of a number? Does that mean if someone buys an Eels jersey from Peter Wynn's and wants number 38 put on it they'd have to pay Hayne? And Hayne's images are owned by the club. Those photographs were taken by the club and he's wearing official Parramatta gear. Nowhere does it say the merchandise is endorsed by Hayne.
This is a nothing story and if Hayne were to proceed down this path some of that good will directed his way may begin to erode. He may have moved on from Parramatta but the club gave him his start and is the reason he enjoys the profile he has in Australia.
But they're not using Hayne Plane, they're using #HaynePlane. Interestingly, you can search the WIPO database for trademarked material. Jarryd Hayne so far does not appear.
However if they do have evidence Hayne needs to remember where he came from and not forget this club and its fans. He has made an NFL team but he is far from accomplished in that sport. Wouldn't want it blowing up in your face Jarryd.
I do miss the bloke though.
WE ARE RUN BY A PACK OF MORONS!
I correct my original position - these guys would forget to buy the chickens in their chook raffle.
NRL - step in ASAP.
We are supported by a large percentage of morons thats for sure as BKTAG has so kindly demonstrated again.
P.S. well said miatch.
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