At the time of preparing this release, the Brisbane Lions have not been served with any documents that commence legal action.
Our main business is to prepare and play in the AFL competition, and our aggressive Trade Week activities have members and supporters primed in anticipation of an exciting 2010 Season.
So it's unfortunate, that after all this positive momentum - and the fact that our members and fans agree the Brisbane Lions will always be the Lions - that court proceedings may occur to argue over the type of Lion used in the logo of the Brisbane Lions.
Having said that, we feel it is important to fully inform our Club-wide followers of all the facts relating to this possible court action in relation to the words - "the logo of the Club will be the Fitzroy Lion in perpetuity".
The Brisbane Lions believe the proposed court proceedings are unnecessary as we are fully supportive and compliant with the merger arrangements. The Brisbane Lions will remain the Lions in perpetuity so any court proceedings will only serve to waste member funds.
The Brisbane Lions will vigorously defend itself in any legal proceedings and wishes to outline the following facts:
1. The Brisbane Lions deny the new logo is in breach of the merger arrangements.
2. The AFL have approved the new logo.
3. The merger arrangements do not define the term "Fitzroy Lion".
4. Representatives of Fitzroy Football Club Incorporating the Fitzroy Reds (Proposed Applicant) have not advised the Brisbane Lions of the exact logo image they believe the merger arrangements require the Brisbane Lions to use in perpetuity.
5. The Brisbane Lions interpret media comments made by representatives of the Proposed Applicant that this image shown below is the exact logo image they believe the Brisbane Lions must use "in perpetuity" under the merger arrangements:
6. The Brisbane Lions interpret media comments by the Proposed Applicant to be that this image and no other image can ever used as the logo of the Club "in perpetuity".
7. The Proposed Applicant makes this assertion even though the image set out above has NEVER been the logo of the Brisbane Lions, Fitzroy or the Brisbane Bears.
8. The logos of Fitzroy, Brisbane Bears and Brisbane Lions are set out below:
9. The 2010 Brisbane Lions logo is the third logo of the Brisbane Lions.
10. The 1997-2000 Brisbane Lions logo is not solely the image of the Gold Lion. It was the logo created immediately after the merger arrangements. This logo does not comply with the logo that the Proposed Applicant believes should be the logo in perpetuity. The Proposed Applicant never objected to that logo.
11. The 2001-2009 Brisbane Lions logo is not solely the image of the Gold Lion. This logo also does not comply with the logo that the Proposed Applicant believes should be the logo in perpetuity. The Proposed Applicant never objected to that logo.
12. As can be seen above, it is normal commercial football practice for logos to change from time to time. Fitzroy, Brisbane Bears and the Brisbane Lions have all done so at times during their collective histories.
13. The Brisbane Lions believe that for the merger arrangements to restrict the Brisbane Lions to only one specific logo without any alteration or adaption whatsoever "in perpetuity" would require very specific language. If this was the intent, then the best method of doing so would be to reproduce the Gold Lion image within the merger documentation.
14. The logo provisions of the merger arrangements do not include an image of the Gold Lion or any other image.
15. At the time of the merger, there were a range of options for the name and logo of the merged Club.
16. The intent of the merger arrangements was that the Club would trade as Brisbane Lions Australian Football Club as opposed to the other options available - Fitzroy Lions, Brisbane Bears or any other options - Clause 7.2 (a).
17. The intent of the merger arrangements was that the the logo of the Club should be the 'Fitzroy Lion' as opposed to the 'Brisbane Bear' or any other possible symbol in perpetuity. But there was no intent to restrict the Brisbane Lions to only one image in perpetuity - just as both parties to the merger arrangements had not restricted themselves in this manner during their respective histories.
18. The Brisbane Lions fully support the merger arrangements and using the Fitzroy Lion in perpetuity - as opposed to a Brisbane Bear or any other logo.
19. The Brisbane Lions believe they are entitled to vary the logo from time to time in accordance with the normal practice of football clubs. This occurred immediately after the merger and one further time since the merger.
To conclude, the proposed application (if successful) will result in substantial losses for the Brisbane Lions and a range of third parties including the AFL and AFL licensees. These losses could range between $1.9 million to $4.5 million.
Like any membership-based club, losses of this nature and extent will have a severe impact on the Brisbane Lions.
Lions members and supporters should understand that if court action does proceed, the Club will be unable to comment until the matter is resolved.
