Liverpool FC ruffle feathers

Liverpool Football Club has applied to the UK Intellectual Property Office to register the iconic image of the Liver bird, which adorns the Club's crest on the Club strip and other merchandise, as a trade mark.

The Club already has trade marks in respect of "This is Anfield" and "You'll Never Walk Alone".

The origins of the mythical Liver bird are the subject of much debate and speculation, but Liverpool County Council have made it clear that they view the Liver bird as belonging to the people of Liverpool and may well seek to submit an opposition to the application. Any such opposition would require to be lodged by 22 November 2008, which is the expiry of the period for oppositions.

In assessing whether the trademark should be granted a key test is whether there is likely to be confusion in the mind of consumers or whether this particular image of the Liver bird has acquired distinctiveness - ie that the relevant public, in this case primarily football fans, will associate the mark with the Club. The fact that Liverpool FC have been using the image for a considerable period of time is likely to support this argument that it has acquired distinctiveness. On the other hand, it could be argued that the mark is not distinctive due to a likely conceptual association of liver birds with the city of Liverpool (or its council) regardless of the fact that the actual images used are different.

The Club's application covers a wide range of uses, including on paper products, leather products, beer mats, kitchen utensils and, perhaps optimistically, trophies. If the trademark is granted then any unauthorised use of the image may entitle Liverpool FC to bring an action under the Trade Marks Act 1994.

Going for Gold

Seven sports seeking inclusion in the 2016 Summer Games have presented their cases to the International Olympic Committee this month.

Officials from baseball, roller sports, softball, golf, karate, squash and rugby sevens are advancing their cases in a bid to fill the two remaining slots available for the 2016 Games.

Baseball and softball were voted off the London 2012 list three years ago.

Rugby was removed from the Olympic program in 1924 and is promoting the merits of rugby sevens rather than the more established 15-a-side competition. Meanwhile golf, which was last included in the Olympics in 1904, proposes to return with individual men's and women's tournaments.

Detailed technical proposals from each sport will be submitted and considered in advance of a final decision being made in October 2009.

19 November 2008

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