French retailer Sports d’Epoque forced to dump jersey with Rising Sun emblem for Diggers

A French clothing brand has been forced to stop using a sacred Australian Army emblem as well as a scroll reserved only for ANZAC headstones.

Exclusive: A French clothing brand will cease producing a rugby jersey illegally featuring the Australian Army’s Rising Sun emblem as well as a scroll reserved only for ANZAC headstones.

High-end brand Sports D’Epoque has agreed to no longer produce the jersey it said was designed to pay homage to First World War Aussie and other national athletes.

The move comes four days after the Australian Defence Force launched an investigation into the company’s suspected illegal commercial use of the iconic Rising Sun emblem, copyright protected under the Defence Act (1903) and trade mark legislation.

The jersey also used a scroll design, created specifically only for headstones of fallen Diggers and featured in Commonwealth cemeteries across France.

Company founder Geraud D’Argenlieu said yesterday his goal was to celebrate history through his collection of vintage sports wear of which one was made for the 1919 Australian Imperial Force rugby team.

He said there were only a few sales of the A$170 jersey anyway but it had now been removed from sale to appease the Australian military.

One of France’s biggest sporting brands has used the iconic Rising Sun military insignia on a new range of rugby jerseys. Picture: Sports d’Epoque

A close up of the Rising Sun military insignia on a new range of rugby jerseys. Picture: Sports-depoque

“We understand you are ill at ease with the idea of this jersey being sold, and as such we are retiring it,” Mr D’Argenlieu said in a statement.

“This is not an issue for us since, as previously stated, our primary goal here is not profit.”

He added: “There are very few sales concerning this product, the intent of which is to show respect rather than to profit from.”

As reported last weekend, the ADF had launched an investigation when the product was seen online for sale by the popular clothing retailer, since permission to use the distinctive emblem can only be given by Army or the defence minister of the day and is rarely used for commercial products or use.

The distinctive badge proudly worn into battle by Aussie Diggers in the two world wars and on the Slouch Hat today is protected under the Defence Act (1903) and Trade Marks Act with its use to be authorised only by the head of Army or the defence minister.

Permission is rarely granted for its commercial retail use.

But that did not stop the high-end French sports wear brand Sports d’Epoque using it on a new range of jerseys it’s retailing for $A170.30 each, its tweaked design even using an AIF scroll only enabled for use on war graves of fallen Diggers.

The controversy comes as France continues to diplomatically seethe over Australia tearing up a defence contract for building French submarines, in a move France claimed dishonoured an alliance forged on French battlefields during the world wars.

Comrades in Arms and Rugby: The remarkable achievements of the 1919 Australian Imperial Force Rugby Union Squad. Picture: Army Rugby

A spokeswoman for Defence confirmed an investigation was underway.

“Defence was not aware that Sports d’Epoque is using the Australian Imperial Force emblem on a commercial product,” the spokeswoman said.

“This matter will be reviewed by Army in accordance with the applicable legislative requirements for the use of Defence emblems.”

It is understood particularly galling has been the company’s use of the war graves AIF scroll, only enabled for headstones in cemeteries managed by the War Graves Commission across France and Belgium.

Brothers Benoit and Geraud d'Argenlieu who founded the French sports brand Sports d’Epoque. Picture: Sports d’Epoque

The Sports d’Epoque company was created in 2007 by rugby fan brothers Benoit and Geraud D’Argenlieu initially to produce vintage reproductions of original rugby and football apparel and later the full range of contemporary sports and urban wear.

The company would not respond to requests for comment.

Australian machine gunners returning from the trenches, France, World War I, 1916. During the Somme campaign. Picture: Getty

RSL National was considering its position on the use of the image.

Their French outlets and online catalogue also feature the golden V stripes Australian rugby league jersey of the Australian XIII Kangaroos from 1928, the Aussie gold jersey with coat of arms from 1961 tour of South Africa and the kangaroo logo maroon jersey as worn in 1905.

All designs, the company states, are “proudly made in France in a traditional way” with each item presented in a chic box that includes a photo card and history of the jersey’s original use.

The photo card sent with the jersey. Picture: Sports d’Epoque

On the AIF Rising Sun jersey the company states: “This jersey is a tribute to the courage of these soldiers, all volunteers, who fought so bravely alongside us.”

For the Rugby World Cup in 2015 the brothers opened a store on Regent Street central London to promote their wares and have retail outlets across France.