Hackney is associated with amateur football because it contains
Hackney Marshes, a field of 90 full-size football pitches which is
the biggest concentration of pitches in the world. It has been,
amongst other things, the location of a famous television advert
featuring Eric Cantona entitled 'Parklife'.
Nike produced t-shirts, trainers and footballs containing the
Hackney council logo without its permission. It has now apologised
to the council and agreed the settlement out of court. The council
said it would spend the money on sports in the area.
"This is a great result for Hackney," said the borough's mayor,
Jules Pipe. "Our legal team advised us that this was a fair
settlement based on the amount of gear sold. This is extra money to
spend on sports activities in Hackney, and shows that it was worth
standing up to Nike."
"Public authorities tend to be less on the ball about the value
of the brands that they have, and Hackney Marshes had developed
into a brand in itself," said Lee Curtis, a trade mark attorney
with Pinsent Masons, the law firm behind OUT-LAW. "Hackney are
probably ahead of the game in that they appreciate what they
have."
Charlie Brooks, head of corporate communications at Nike UK,
said: "We inadvertently used imagery that included the council’s
logo. This was done in good faith and not as a deliberate act,
however we recognise the concern this has caused Hackney Council
and we are pleased that this matter has now been concluded."
Trade mark, logo and related disputes are more common between
pairs of private sector organisations, but Hackney said that it was
keen to defend itself. "This was always about more than cash –
there is a serious principle at stake here," said Pipe. "Just
because we are a public organisation, it does not mean that big
corporations can take what they want from local people without
asking."
"Maybe Nike thought 'this is a council, we'll try it on and see
how it goes'," said Curtis. "Had it been Adidas's trade mark maybe
they wouldn't have been as willing to do it."
"Councils should look at what the do have and the value of the
brands they have," said Curtis. "Here is one council with £300,000
to spend on improving sports facilities in Hackney, which shows how
much value there is."
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