ARTICLE
16 September 2015

Planes, Trains and Jarryd Hayne's trade marks

Australian trade mark law provides that registration of a trade mark may be opposed if the application is in bad faith.
Australia Intellectual Property
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One of the hardest parts about being a celebrity is protecting your brand. We assume. Like Shia LaBeouf, we're not famous anymore.

In this instance, old mate Jarryd Hayne has had to get on the trade mark plane; all while impressively shoulder-charging and punt-returning his way on to the San Francisco 49ers 53-man squad.

A number of trade mark applications were filed by JH38 Holdings in August, namely 'Jarryd Hayne', 'J Hayne Apparel' and his recently unveiled logo featuring the letters J and H in a stylised 'bird of prey' (Hayne Crane?!?) for goods such as backpacks, clothing and games. These applications are in addition to the existing 'THE HAYNE PLANE' registered trade mark owned by J.H Promotions.

And while it's usually just the haters who come out of the woodwork when someone starts doing exceptionally well, in this case, people other than Jarryd Hayne and his related companies have started filing trade mark applications featuring his moniker or name.

Look, it's all fun and games for everyone to try cash in on the Hayne name, but Australian trade mark law provides that registration of a trade mark may be opposed where the application has been made in bad faith. So, unless you have a deal with Jarrydto use his name, think it through before you spend your hard earned cash trying to get 'THE HAYNE PLANE' registered for beer or bath bombs.

Frankly, we are more excited to see what comes from the trade mark application for '1 to 38 THE JARRYD HAYNE STORY'. Sounds like a cracker.

While waiting for this timeless classic to be released, we're already planning to make our second Super Bowl Party better than the first; with 10% more buffalo wings and 20% less American beer (might stick to Aussie stuff, thanks).

While it's very unlikely we'll be watching Jarryd's 49ers in February, one can only hope. We'd be happy to eat our words (and our wings too).

We do not disclaim anything about this article. We're quite proud of it really.

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