Recent stoushes involving NRL team names demonstrate the importance of intellectual property (IP) rights protection, even for high-profile sporting codes.
The Sydney Roosters and Newcastle Knights are set to go head-to-head on Sunday in what is sure to be a massive NRL Grand Final. While the players will inevitably leave it all on the field, the bigger battle for some teams is happening off the pitch.
High-profile sporting organisations invest significant resources in protecting their IP because they understand the commercial value attached to names, logos, content and goodwill. The same principles apply to businesses of all sizes. The following examples illustrate the need to be focussed and proactive from the outset when new brands and product lines come to life.
‘Phins Up?
The Redcliffe Dolphins will be hoping to not have a repeat of its preliminary finals result in its trade mark dispute involving its team name. Before the ‘Phins joined the league in 2023, they applied to register the trade mark ‘DOLPHINS’ in various classes, including class 28 (sporting equipment). The Club received adverse reports, citing several existing trade marks which were substantially similar to ‘DOLPHINS’.
While other entities whose dolphin-themed trade marks were cited to be in conflict with the Phins’ trade mark have consented to Club’s application, Mr Larry Kershaw – who owns the trade mark for ‘DOLPHIN’ in class 28 for his line of surfboard, longboard and paddleboard fins – has refused to consent. This has led IP Australia to defer the application until the dispute is resolved.
The practical effect of this dispute is that, until it is resolved and the DOLPHINS mark is registered, the Dolphins are unable to control team merchandise or enforce rights against counterfeiters. It is still to be determined whether the Club and Mr Kershaw will arrive at an agreement in relation to the registration of the DOLPHINS trade mark.
Chief Concerns
The PNG Chiefs are set to become the NRL’s 19th team in 2028 and have been steadily building their roster with marquee names like Jarome Luai and Brian To’o. However, one thing they have been struggling to build is their IP portfolio. The PNG Chiefs are currently locked in a trade mark battle over its name due to the existing registration of New Zealand rugby union team, the Waikato Chiefs.
New Zealand’s Waikato Chiefs have owned the registered trade mark for the Chiefs logo since 1998. When it was announced that the new Papua New Guinea-based NRL team would be called the Chiefs and the Australian Rugby League Commission sought to register that name for branding materials (eg, footwear, hats, trophies, etc.), NZ Rugby applied to register the word mark ‘CHIEFS’.
IP Australia has been reluctant to grant either team exclusive use of “Chiefs”, noting that there remains a danger of confusion even within the field of sporting teams. Additionally, IP Australia ruled that “PNG Chiefs” clashes with existing marks, including the Waikato Chiefs’ logo, and that the addition of “PNG” was merely a descriptive indicator of the team’s origin.
Despite all of that, on 28 September 2026, the ‘PNG CHIEFS’ trade mark was accepted by IP Australia. While its registration may still be opposed by NZ Rugby, its acceptance is an encouraging step for the PNG Chiefs ahead of their 2028 debut.
Random Souths Spat
In early 2026, the South Sydney Rabbitohs made headlines by registering the trade mark “Random Souths Guy” in various classes in Australia. The trade mark refers to the cultural phenomenon of spotting South Sydney Rabbitohs fans in unexpected locations around the world – including baseball games in the United States, restaurants in Asia, and the Leaning Tower of Pisa.
This registration caused some controversy, as Instagram user, @randomsouthsguy, argued that the Club should have consulted him before applying for the trade mark.
The Rabbitohs denied that they registered the trade mark to block the user or any fans from trying to use the term, but, in reality, were trying to do the opposite. The Club argued that the registration of the trade mark was to ensure “that the club’s ownership of intellectual property is protected for [its] members, fans and commercial partners”. Indeed, the Club has indicated that it has no plans to commercialise the ‘Random Souths Guy’ trade mark.
The Rabbitohs indicated that this strategy comes after the NRL acknowledged, in 2018, that the clubs were the owners of their logos and intellectual property. Since then, the Club has been registering as much of its intellectual property as it can to enable its fans to continue using it.
IP Is Everywhere
Sporting codes and intellectual property go hand-in-hand as a way to protect the commercial viability and integrity of the codes. These rights extend to matters such as broadcasting deals, ambush marketing and copyright in jersey and logo designs.
From a broadcasting perspective, in July 2026, the NRL signed a new broadcasting deal worth $5.3 billion through the 2035 season. This deal has the effect that only Foxtel, Nine and Sky NZ are authorised to broadcast NRL matches. Accordingly, any other broadcast would be an infringement of copyright.
Similarly, ambush marketing – which refers to attempts to associate a brand with, or otherwise obtain a commercial advantage from, an event without paying for sponsorship rights – has risen in prominence, particularly with the popularity of social media. Sporting rights holders such as the NRL have taken active steps to prevent ambush marketing, such as by introducing strict Terms & Conditions for its events and introducing anti-ambush marketing clauses in its product fee agreements.
With all that being said, the South Sydney Rabbitohs’ strategy to protect its IP for the benefit of its fans demonstrates that approaches to IP protection can be multifaceted and are not always focused on obtaining a commercial benefit or advantage.
For more information about how to protect your valuable intellectual property rights, get in touch with a member of Addisons’ Intellectual Property team.