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IP Quick Intellect

Welcome aboard mate! #HaynePlane #49ers

Posted by on 12 Sep 2015

Jarryd Hayne has been making headlines after being picked in the San Francisco 49ers' NFL squad. His journey is inspiring not only to athletics but also to any brand owner. Here are five lessons we can all learn from Hayne’s success:

1. Early brand protection

Before he was recruited to the 49ers, Jarryd Hayne applied to register his name as a trade mark. Early trade mark protection gives him control over all future use of his name as well as all future profit from using his name. It will also help him stop other traders from using his name and capitalising on his success.  It’s now predicted that Hayne will make millions from brand endorsements alone.

The owner of Ultimate Sports Memorabilia recently sought to jump on the Hayne Plane and sell a pair of signed, framed jersey pieces which were offered up for $1699 each. The owner didn’t seek approval and Hayne contacted him personally about the items he was selling – the jerseys were quickly removed from sale.

Lesson: Early protection is vital in the development of any brand. The initial investment in brand protection could reap enough financial benefits if your brand becomes a success. It also minimises the risk of brand hijacking and enables the true owner to stop any unauthorised use of the brand. 

2. Brand evolution

As Hayne’s career evolved from a NRL player to a NFL player, so did his brand protection strategy. His NRL nickname “The Hayne Plane” has evolved to “The Hayne Plane 38.” His trade mark portfolio includes both nicknames. 

Lesson: Your trade mark protection needs to be current and needs to align with the growth and evolution of your brand and business.

3. Extensive protection 

Hayne sought to protect his name across a broad and diverse range of goods and services including backpacks, umbrellas, clothing for men, women, children and infants, games, sporting products and accessories. 

Lesson: When preparing a trade mark application it is important to include not only your current product offerings but also your future product offerings.  

4. Effective use of social media

Hayne's journey was played out on social media. On 5 September 2015 at 12.48pm – Hayne posted on his Facebook page: I'll know my future in 13 minute. First time I'm a little nerves

On the same day at 1.22pm – he posted: IT ALWAYS WORKS OUT! I thank GOD for WHAT HE has done and going to do on this incredible journey!! I'm on the 53 MAN ROSTER FOR THE ?#‎49ers?.

In response to Ultimate Sport’s unauthorised sale of merchandise, Hayne posted the following Facebook post: This is not legit. I Havnt signed or agreed to any memorabilia. If you have payed id be asking for a refund

Lesson: Hayne effectively used social media to deliver his message and build on his existing brand loyalty. He delivered his own message his way and his posts made his journey more personal and took people with him. In addition, his post warning fans about unauthorised merchandise is an effective way to respond to infringement - loyal fans would appreciate his warning and avoid purchasing the unauthorised merchandise.  

5. Social Media Monitoring

Jarryd Hayne has been quick to identify and shame any social media impersonators. On 6 September he posted on the Jarryd Hayne Fanpage on facebook: "This isn't my fan page nor did I give permission for anybody to use my image or number. These are rip offs n people trying to earn money off my hard work".

Lesson: Vigilant monitoring of your brand on social media is critical. Don’t allow unauthorised people to communicate under the umbrella of your brand. If you do discover unauthorised page, take immediate action.

If you would like to speak with one of the lawyers in Coleman Greig's Brand Protection team, please don't hesitate to get in touch with us on 02 9895 9230, or via

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