Former AFL club Fitzroy has had a small victory in its courtroom battle with merger partner Brisbane over the club's new logo.

Fitzroy has taken court action against Brisbane, saying when the clubs merged in 1996, Brisbane agreed it would continue to use Fitzroy's lion logo "in perpetuity".

Last year, Brisbane announced it was changing from the traditional Fitzroy lion and unveiled a new stylised design, which has been described as the "Paddle Pop" lion.

After Fitzroy, which now plays in the Victorian Amateur Football Association lower divisions, launched the proceeding, Brisbane responded with a summons.

The summons required Fitzroy to pay a $177,500 security to make sure Brisbane received their legal costs if the financially struggling Fitzroy lost the case.

On Monday, Victorian Supreme Court Associate Justice Nemeer Mukhtar ruled that justice would be best served by allowing Fitzroy to continue with its case, "which for all practical purposes it will not be able to do if an order for security for costs is made".

The parties will return to court to continue mediation on May 19.

Brought to you by AAP © 2024 AAP