A Liverpool artist is set to take legal action against Sunderland AFC.
Andrew Small was commissioned by Sunderland City Council in 2008 to create a sculpture to mark the end of the Sea to Sea cycle path which finishes in the city.
But he claims that his artwork, simply named ‘C’, has been subject to copyright infringement by the Premier League club, who incorporated it into their away kit.
The Hummel-made change strip features a geometric pattern showing the Roker Lighthouse through a circular design which resembles the sculpture’s appearance.
Mr Small retained copyright for the sculpture in his deal with the council which requires any reproduction for commercial use to fall under a separate agreement.
Sunderland stated in their kit launch that the blue shirt was inspired by the one worn in the 1989/91 season but made no reference to the sculpture’s inclusion in it.
“I bumped into my son’s old headmaster, and as an avid Sunderland fan, he would travel up for games,” Small told the BBC.
“He came running over and said, ‘Andy, Andy, have you seen Sunderland’s away kit?’
“And I said no, and he just pulled his phone out and showed me, and instantly it was absolutely evident that it’s my work.”
He added: “I started thinking actually maybe they should have asked my permission before they did this.
“There’s a big conceptualising plaque next to the sculpture which explains all the things I was just talking about before and it’s got my name quite big on it.
“So it’s pretty obvious it’s attached to a specific artist.”
Sunderland have declined Mr Small’s case and desist request through lawyer Francis McEntagart, stating that there was ‘no copyright in ideas and concepts’.