ADELAIDE, August 2: Cricket legend Sir Donald Bradman took six companies to the Federal Court on Wednesday to protect his name and reputation. The action, brought by Sir Donald, 91 and The Bradman Foundation, alleges the companies and two directors used his name to mislead the public into believing they were associated with the World’s greatest cricketer. In a 20-page statement of claim, it was claimed using the name `Bradman’ breached the foundation’s registered `Bradman’ trade marks and the company directors “aided and abetted”. Legal firm Allen Allen and Hemsley said proceedings had begun after attempts to resolve the matter out of court failed.
It said Sir Donald and the foundation wanted the court to restrain the companies from misleading conduct, order steps be taken to change their company names and for other relief including an order for costs. The Bradman Foundation, a charitable organistion, operates the Bradman Museum at Bowral in New South Wales. The National icon also demanded an Adelaide restaurateur drop plans to name an establishment after him.
Allen, Allen and Hemsley wrote to owner Lyn Mounsey saying Bradman is uncomfortable with his name being associated with the sale of alcohol. The letter alleges trademark infringement, misleading and deceptive conduct and passing off a product. “Sir Donald Bradman and his family are personally very concerned about your unauthorised conduct,” said the letter. “Our client has at all times deliberately avoided any association between the name `Bradman’ and the production, promotion or sale of alcohol and this conduct represents a grave abuse of our client’s reputation and standing.”
Mounsey bought Luciano’s restaurant on Burbidge Road in Adelaide in May. She planned to rename it Bradman’s Cafe/Restaurant after the master batsman agreed to the road being renamed Sir Donald Bradman Drive. Mounsey told reporters she had spent 5,500 dollars (US $ 3,300) on signage and asked Bradman to reconsider the matter. “All my intentions were honourable right along the way. I feel fairly deflated now,” she said. Bradman became a National icon during the depression years of the 1930’s. known as “The Don,” his achievements are unlikely to be equalled.
He scored 6,996 runs in 52 Tests from 1928 to 1948, hitting 29 hundreds and 13 half-centuries for an average of 99.94. His highest score was 334 in the first innings against England at Leeds in 1930. Bradman had only seven ducks in Tests, with his most famous one coming in his last Test innings against England at The Oval in 1948. If he had hit one more boundary in any of his Tests he would have averaged 100. He was born in New South Wales but has lived in Adelaide since the 1930’s.