An Australian sports fan clothing manufacturer claims the AFL has issued it with a legal threat, demanding the destruction of a T-shirt line which features the iconic image of AFLW star Tayla Harris in full flight.
It comes just one week since the Carlton star became the target of vulgar comments from trolls on social media which prompted Channel 7 to delete a post on Twitter which featured Harris kicking for goal.
It proved to be a landmark moment for AFLW, with the image of Harris' follow through being celebrated for its power and athleticism across the country.
Australian supporter gear and clothing company League Tees jumped on the groundswell of interest in the photo, originally captured by AFL photographer Michael Wilson, and produced a piece of artwork which immortalised Harris' kick in the style used by the NBA to turn a photo of former All Star Jerry West into its league logo.
Leagues Tees owner Anthony Costa now says the online store has been forced to stop selling its T-shirt range because the AFL has issued a legal demand for the product to be destroyed on the claimed grounds that it is "deceptively similar to AFL intellectual property".
The independent company posted on its website this week that it has no other option but to bow to the AFL's legal threat because it does not have the means to defend itself if the legal matter progressed.
"The AFL has demanded that we remove this product from sale based on an allegation that it breaches the AFL's intellectual property rights," the company claimed.
"This design on this product is our own original artwork and we deny that this design in any way infringes any of the AFL's intellectual property, or other, rights. Because we are financially unable to defend this matter in court we have decided to withdraw this product from sale.
"To anyone planning to donate to the Australian Literacy and Numeracy Foundation by purchasing this clearly marked non-AFL approved product we apologise."
Tayla Harris of the Blues. Photo / Getty
The company had previously claimed it had raised $1002.75 to donate to the Australian Literacy and Numeracy Foundation as part of the proceeds of the Tayla Harris range sales.
The company also disclosed its response to the legal demand it claims to have received from the AFL.
The AFL is yet to make any public comment on the legal matter.
"We deny each and every allegation contained in your letter," League Tees posted on its website.
"In particular we deny that the Tayla Harris #standwithtayla t-shirt, Tayla Harris #standwithtayla badge in any way infringe on the AFL's intellectual property or any other rights.
"You have alleged that our conduct will mislead and deceive consumers into believing that there is some connection or sponsorship by the AFL of the goods and services provided by League Tees.
"Because we're 100% independent our footy fan gear is not official AFL merchandise"
All product pages state the following:
"Because we're 100% independent our retro footy gear is not officially licensed by the Australian Football League, SANFL, WAFL, AFL teams, SANFL teams, WAFL teams or any other official AFL bodies. To buy official AFL merchandise, AFL clothing and other AFL footy fan gear please visit Shop AFL here."
The response went on to say that the company firmly believes that no copyright has been infringed upon because the artwork of Harris is "substantially" different to the photograph owned by the AFL.
"It is impossible to suggest that this image was in the public consciousness for a sufficient time period for it to create a reputation benefit for the AFL," the online store claims.
"In light of these clear disclaimers we do not believe there is any basis on which to allege that League Tees has engaged in conduct likely to mislead or deceive or conduct likely to be considered passing off.
"You have alleged that the products complained about are likely to constitute copyright infringement of a photograph in which the AFL owns copyright. You have not identified or provided me with a copy of the photograph in which you claim rights. The designs, logos and artwork featured on our products are all original designs created in house."
Costa told Fairfax Media on Wednesday that he was shocked by the AFL's response to the business he runs part-time.
"It should be a fun thing, and today it stopped being a fun thing," he said.
Footy commentators, including the woman League Tees says is responsible for creating the Harris logo, Rebecca Hayne, poked fun at the AFL's heavy response on Tuesday night.
It is all just another public distraction Harris must endure as she prepares to play in Sunday's AFLW grand final against the Crows at the Adelaide Oval.
Harris was one of the Blues' best on Saturday as they upset Fremantle by six goals to reach their first grand final.
The key forward kicked Carlton's first goal in the 9.10 (64) to 4.4 (28) demolition at Ikon Park and she wreaked havoc with her fierce crashing of the packs.
After they finished bottom last season, the Blues will remarkably now meet reigning premiers Adelaide in this weekend's decider.
Amid all the controversy, Harris delivered one of the best games of her AFLW career. It was a powerful performance on and off the field, particularly given Harris is just 21.
