Donald Bradman’s family raises trademark concerns

The family of late Australian cricket star Donald Bradman has reportedly expressed concerns about how his name and trademarks are being used by a foundation set up in his honour.

According to Australian broadcaster ABC’s TV documentary series “Australian Story”, the family of the former cricketer is unhappy with some trademark use, which it said is “something we just can’t live with”.

The Bradman Foundation, a non-profit charitable trust established in 1987, owns trademarks including variations of Bradman’s name, his signature, and the number 99.94, which was his batting average when he retired.

None of the family members is directors of the foundation.

In 1994, the foundation became a trustee of the Bradman Museum. In 2010, nine years after Bradman died, the museum then became known as the Bradman Museum and International Cricket Hall of Fame.

His grandson Tom added that when Bradman was alive he “very much controlled” how his trademarks were used.

“He clearly expressed a written wish that we play that role after he died. That wish hasn’t been respected,” he added.

Rina Hore, executive director of the foundation, said she “understood” that the family would like to have a say in how the trademarks are used but that this has to be done through a consultation.

She added that the legal rights to the trademarks were given by Bradman to the foundation in 1994.

The foundation previously licensed Bradman’s name to a biscuit company, Unibic, something Hore said it now regrets.

Bradman’s granddaughter Greta added: “We don’t expect others to necessarily feel the same way or feel as strongly as we do.

“But if you can imagine a loved family member and having no control over their name or their likeness, and having it used in a way that you know would be profoundly not okay with that individual—it’s just something that we can’t live with.”

Richard Gough, partner at law firm Baker & McKenzie in Sydney, told WIPR that it is “completely understandable” that the family wants a say in the use of the name.

“When famous names become registered trademarks, you’re not just dealing with the family home or a precious heirloom. Use of the marks affects the reputation and memory of the individual," he said.

“If there are differences of view as to how the marks are used, and it’s the foundation not the Bradman family that legally owns and controls them, tensions of this nature are inevitable,” he added.

But Gough said the family may still be able to control some aspects of how the name is used.

“Australia has very broad laws prohibiting conduct in trade that is likely to mislead or deceive. Ownership of a trademark does not provide any defence to actions based on such laws, although it may be a relevant factor to be considered.

“So despite the registered trademarks, it’s possible that there are arguments available to the effect that certain uses of the marks involve misleading representations as to endorsement by Don Bradman or his family that could be restrained by a court.”

The foundation told WIPR that it has nothing to add to its comments made during the show.