The Rugby League Samoa has warned businesses and individuals against using intellectual properties registered under the Toa Samoa and failure to do so will result in legal proceedings.

The public notice surfaced days ahead of the Toa Samoa homecoming celebration with many businesses using the opportunity to maximise on their sale promotion and campaigns. 

However this has caused some concern with the Rugby League Samoa that sought legal advice to ensure the intellectual property rights under Toa Samoa is not protected by law. 

A public notice dated 17^th November 2022 states the Aumua Law Firm has been instructed to inform businesses and individuals that are using Rugby League Samoa logo and name Toa Samoa without permission to immediately cease this. 

This also includes the using of Toa Samoa’s phrases (Uso Aso Uma, O ai le Toa etc) mamanu designs and the Toa Samoa Siva Tau and any part of the Siva Tau. 

“The intellectual property rights in the logo, the name Toa Samoa, mamanu and the Toa Samoa Siva Tau belong to Rugby League Samoa,” the notice states. 

“Use of such without permission from Rugby League Samoa can result in legal proceedings (both civil and criminal), particularly for those businesses and individuals who are obtaining income from the alleged infringement of these apparel, stickers, flags; promotion of websites, sales, promotion campaigns etc.”

The Aumua Law Firm said it has been instructed to pursue legal actions against businesses and individuals who are infringing Rugby League Samoa’s intellectual property rights. 

Should any business or individual wish to use, print or distribute materials or merchandise with the use of the logo and other phrases a written approval must be obtained from Rugby League Samoa. 

The business or individual must pay 20 per cent of gross sales to the national league or a lump sum to be agreed upon. 

Any approval granted is subject to the terms and conditions set by the Rugby League Samoa at the time the approval is granted. 

Some of the businesses selling Toa Samoa merchandise is the Coin Save branches across the country that has also put up welcome banners for the boys in blue. 

Coin Save Vaitele Manager, Ben Weng said the company donated $10,000 through radiothon for Toa Samoa. 

He declined to comment on whether the $10,000 was part of an agreement with Rugby League Samoa to sell Toa Samoa merchandise. 

As for individuals selling lavalava with Toa Samoa name and phrases on it most of them that spoke with the Samoa Observer were unaware of the notice. 

The street vendors argue they should be able to benefit from using mainly the phrases “Toa Samoa” and “Uso aso uma” as it’s a general phrase used by people. 

“My understanding of the words Toa Samoa doesn’t just refer to our rugby team but its also a very general Samoan phrase we used to refer to our people being warriors,” said man that identified himself Matualoto Ionatana. 

“I know the rugby league are trying to get some returns from asking businesses to pay a percentage for its use but its unfair because I think they don’t actually own the saying Toa Samoa. 

“We often use this name Toa Samoa to refer to our warriors from myths such as Lauaki and many others…also we only make 10tala from selling a lavalava which we use to buy food and put our kids to school.” 

The vendor said to have a sporting body ask vendors like himself to give back a 20 percent of their sale can be compared to the rich asking the beggar to give them money. 

“Its all business for them but this is my way of living and putting my five children back to school which is not cheap,” he said. 

“I support our athletes and I don’t mind donating $50 tala for them as that is a lot of money for me…but the rugby association should target mainly the giant businesses and give us that earn less than $500 tala a week from selling lavalava some exemption.”