Manchester United sues Football Manager makers over use of name

Ludens the Red

Full Member
Joined
Jul 27, 2009
Messages
17,475
Location
London
How we’ve found the time to be getting involved in petty shit like this is beyond me. There are so many more important matters at the club that require addressing (example, the ticketing system and providing clarity for how it’ll work this season) and here we are crying over the name of the team in a computer game that’s been around for twenty years.

I seriously fecking hate some of the people at this club.
 

Pexbo

Winner of the 'I'm not reading that' medal.
Joined
Jun 2, 2009
Messages
68,711
Location
Brizzle
Supports
Big Days
How we’ve found the time to be getting involved in petty shit like this is beyond me. There are so many more important matters at the club that require addressing (example, the ticketing system and providing clarity for how it’ll work this season) and here we are crying over the name of the team in a computer game that’s been around for twenty years.

I seriously fecking hate some of the people at this club.
Counter point to that. Name one company in any other industry that lets another private company appropriate their brand for profit without having any sort of financial arrangement?

Why should Konami keep paying United money if other game developers go ahead and use their image rights for free?
 

Ludens the Red

Full Member
Joined
Jul 27, 2009
Messages
17,475
Location
London
Counter point to that. Name one company in any other industry that lets another private company appropriate their brand for profit without having any sort of financial arrangement?

Why should Konami keep paying United money if other game developers go ahead and use their image rights for free?
It’s football manager. Very very different to fifa/pro evo etc. SI games and EA are worlds apart when it comes to revenue. It’s literally the name of the team spelt out and that’s it. There’s no kits, there’s no logos, there’s no player faces etc. It is literally just the use of the word ‘Manchester United’.
By this logic, nobody here on redcafe should be allowed to use the word Manchester United without paying United to be able to do so.
Where do we even draw the line? Would youtubers have to stop using Uniteds name or wearing United merchandise on their videos because they’re making money whilst wearing United gear without giving United a cut. It’s a really fecking daft road to go down.
 

stw2022

New Member
Joined
Jan 17, 2021
Messages
3,687
It’s likely going to be part of an ongoing agreement with another developer that we give them sole use of our name and trademarks within that format. So this is probably some preliminary work required before the deal with them can be ratified
 

Pexbo

Winner of the 'I'm not reading that' medal.
Joined
Jun 2, 2009
Messages
68,711
Location
Brizzle
Supports
Big Days
It’s football manager. Very very different to fifa/pro evo etc. SI games and EA are worlds apart when it comes to revenue. It’s literally the name of the team spelt out and that’s it. There’s no kits, there’s no logos, there’s no player faces etc. It is literally just the use of the word ‘Manchester United’.
By this logic, nobody here on redcafe should be allowed to use the word Manchester United without paying United to be able to do so.
Where do we even draw the line? Would youtubers have to stop using Uniteds name or wearing United merchandise on their videos because they’re making money whilst wearing United gear without giving United a cut. It’s a really fecking daft road to go down.
Football Manager shifts over 30m copies per year. That’s nearly a billion in revenue.

And no, the words “Manchester United” in a conversation online when talking about Manchester United is not the same as a private company producing a game which benefits from authenticity and therefore profits from using “Manchester United” despite no agreement in place to do so.
 

Robertd0803

Full Member
Joined
Sep 1, 2014
Messages
6,598
I've no idea why the club bothered, even FM developers have said they still feel like it was all much ado about nothing.
Probably required by our legal team/Konami legal team based on the below suggestion.
It’s likely going to be part of an ongoing agreement with another developer that we give them sole use of our name and trademarks within that format. So this is probably some preliminary work required before the deal with them can be ratified
My thoughts as well.
 

iHicksy

Full Member
Joined
Sep 23, 2014
Messages
1,837
How we’ve found the time to be getting involved in petty shit like this is beyond me. There are so many more important matters at the club that require addressing (example, the ticketing system and providing clarity for how it’ll work this season) and here we are crying over the name of the team in a computer game that’s been around for twenty years.

I seriously fecking hate some of the people at this club.
Found the time? It's not Gary in accounting running around doing all this stuff whilst trying to conduct transfers business. We've just hired an external law firm and told them get on with it. It's not like it's impacting anything else.
 

Ludens the Red

Full Member
Joined
Jul 27, 2009
Messages
17,475
Location
London
Football Manager shifts over 30m copies per year. That’s nearly a billion in revenue.

And no, the words “Manchester United” in a conversation online when talking about Manchester United is not the same as a private company producing a game which benefits from authenticity and therefore profits from using “Manchester United” despite no agreement in place to do so.
According to the internet EA’s revenue is over 5 billion. SI games is less than 80 million. They are absolutely worlds apart.
As I touched on in my first post I completely understand expecting EA to pay for rights. They use logos, faces, kits, old Trafford. Again I’ll repeat Football Manager literally uses just words. The only people being hurt would be football fans. Man United fans who pump endless amounts of money into United. If you start making SI pay you for purely using your name you’re going down a very dangerous path.

Found the time? It's not Gary in accounting running around doing all this stuff whilst trying to conduct transfers business. We've just hired an external law firm and told them get on with it. It's not like it's impacting anything else.
Yeah I didn’t mean it literally. It was more an overall dig at the shambolic running of the club in other areas. This has brought unnecessary bad press as well . What do they think this is going to achieve? Si aren’t EA, they’re not gonna folk out millions upon millions to use the names of clubs.
 

Pexbo

Winner of the 'I'm not reading that' medal.
Joined
Jun 2, 2009
Messages
68,711
Location
Brizzle
Supports
Big Days
According to the internet EA’s revenue is over 5 billion. SI games is less than 80 million. They are absolutely worlds apart.
As I touched on in my first post I completely understand expecting EA to pay for rights. They use logos, faces, kits, old Trafford. Again I’ll repeat Football Manager literally uses just words. The only people being hurt would be football fans. Man United fans who pump endless amounts of money into United. If you start making SI pay you for purely using your name you’re going down a very dangerous path.
Do you think the publishers that United do deals with for millions are happy to accept that “indie” publisher Sega can use their name for free because their only selling 30 million copies per year?
 

MemphisDepay

Full Member
Joined
May 7, 2015
Messages
1,111
Location
Shinji Okazaki's house
Supports
Rangers and Celtic
Do you think the publishers that United do deals with for millions are happy to accept that “indie” publisher Sega can use their name for free because their only selling 30 million copies per year?
Miles Jacobson said FM21 just sold its 2 millionth copy a few days ago. A little less than 30 million!
 

vodrake

Full Member
Joined
Nov 22, 2012
Messages
3,509
Do you think the publishers that United do deals with for millions are happy to accept that “indie” publisher Sega can use their name for free because their only selling 30 million copies per year?
I think the 30 million copies is the amount sold over the entire lifetime of FM, so over 25+ years. They average around 1-2 million a year, across all platforms
 

Ludens the Red

Full Member
Joined
Jul 27, 2009
Messages
17,475
Location
London
Do you think the publishers that United do deals with for millions are happy to accept that “indie” publisher Sega can use their name for free because their only selling 30 million copies per year?
I’ll repeat . Their revenue is less than 80 million. There is feck all to really gain from preventing SI using the words Manchester United on a video game. United are barking way up the wrong tree here. Anyway I notice two people have pointed out you’ve got it completely wrong with your figures.
 

Abraxas

Full Member
Joined
Mar 6, 2021
Messages
6,055
Seems like a totally pointless bit of pettiness. I don't think the level of "infringement" within FM should mean our other commercial partners in this sphere are put out, they are completely different levels of usage of the brand so it isn't a correct comparison. It doesn't affect many people, the game is highly customisable, there are many reasons this was a bit silly and they probably should have just let it be.
 

justsomebloke

Full Member
Joined
Oct 25, 2020
Messages
5,944
Counter point to that. Name one company in any other industry that lets another private company appropriate their brand for profit without having any sort of financial arrangement?

Why should Konami keep paying United money if other game developers go ahead and use their image rights for free?
Yeah well, on the other hand, if game producers have to pay literally thousands of teams for the right to represent them in a simulation game, there isn't going to be any simulation games is there. For my part I favour seeing it in the way that the fact of football clubs existence is in the public sphere, and it is not in any way reasonable that they should be able to prevent things like this.
 

justsomebloke

Full Member
Joined
Oct 25, 2020
Messages
5,944
Do you think the publishers that United do deals with for millions are happy to accept that “indie” publisher Sega can use their name for free because their only selling 30 million copies per year?
How would that work though? Should we have a management game approved by United, Chelsea and Bayern Munich, and a different one approved by PSG, Barcelona and Leeds, and a third one approved by Liverpool, Real Madrid and Juventus? How are you going to make a management game that accurately depicts thousands of teams around the globe, for the general benefit of interest in the game? They're not even using the logo, or the full name of the team. Would anyone be better off if they dropped the premier league from the game, or referred to the team by some nickname or acronym? Would we be better off if instead they had to pay large sums to clubs or leagues, reducing the resources they had available to invest in game development, and/or the price of the finished game? How does it hurt Manchester United that someone else is making use of a commercial opportunity that Manchester United cannot make use of, and which consequently is of no value to them?

Maybe there's a legal case that it's problematic for someone else to profit from the brand, but that doesn't mean it's not bonkers. Football lives off public interest, and there is no reasonable grounds why all commercial profit from that public interest should be the exclusive privilege of the clubs and leagues. It's never been that way - for example, every football website and every sports newspaper makes their living off that, so does betting companies. Why not a simulation game? It is highly debatable where the proper line between exclusive commercial privilege of brand utilisation and the public interest should go.
 

devilish

Juventus fan who used to support United
Joined
Sep 5, 2002
Messages
61,685
If I was FM owners I would call the club Dividends United or Debt United.
 

BedStuyRed

New Member
Newbie
Joined
May 9, 2021
Messages
24
This stuff isn't complicated. Manchester United is a trademark. If you want to use their name in a for profit business endeavor then you need to pay for the privilege. It doesn't matter if you sell 1 copy or 1 billion copies.
 

devilish

Juventus fan who used to support United
Joined
Sep 5, 2002
Messages
61,685
surely

Manchester Comprehensive School, as we are managed by a PE teacher apparently.
Ole had done nothing to FM and should therefore not be humiliated by it. Glazers OUT FC would be nice as well.
 

justsomebloke

Full Member
Joined
Oct 25, 2020
Messages
5,944
This stuff isn't complicated. Manchester United is a trademark. If you want to use their name in a for profit business endeavor then you need to pay for the privilege. It doesn't matter if you sell 1 copy or 1 billion copies.
No, it doesn't. But it also isn't that straightforward that including them in a simulation game amounts to using their name in a for profit business endeavor in a way that implies compensation.
 

Barnslig

Full Member
Joined
Jul 17, 2014
Messages
2,470
Even on FM they are called Zebras. FM also don't have license to use Brazilian league names, German national team.
So why is everyone upset at United for this? FM profited using a trademark without paying for it, we took legal action, they changed it. Pretty standard stuff, no?
 

roonster09

Hercule Poirot of the scouting world
Scout
Joined
May 10, 2009
Messages
36,727
So why is everyone upset at United for this? FM profited using a trademark without paying for it, we took legal action, they changed it. Pretty standard stuff, no?
Yeah, people love to moan. There are many teams where their names are modified on FM. It's standard stuff, same with few staff from Netherlands.
 

Pexbo

Winner of the 'I'm not reading that' medal.
Joined
Jun 2, 2009
Messages
68,711
Location
Brizzle
Supports
Big Days
This stuff isn't complicated. Manchester United is a trademark. If you want to use their name in a for profit business endeavor then you need to pay for the privilege. It doesn't matter if you sell 1 copy or 1 billion copies.
So why is everyone upset at United for this? FM profited using a trademark without paying for it, we took legal action, they changed it. Pretty standard stuff, no?
Exactly.

It’s so weird that people are taking the position “Oh it’s this tiny unknown game that only sells millions every year and has a cult like following”.

It’s literally our business model to sell the rights to our name and yet we are expected to give it away for free in this specific instance? What does that say to all the companies who are spending millions to associate themselves with us?
 

Member 101269

Guest
A settlement with future use of the brand with access to data and annual payment, add in a few in game United sponsored purchases.. winner..
 

pacifictheme

Full Member
Joined
Sep 28, 2013
Messages
7,739
Exactly.

It’s so weird that people are taking the position “Oh it’s this tiny unknown game that only sells millions every year and has a cult like following”.

It’s literally our business model to sell the rights to our name and yet we are expected to give it away for free in this specific instance? What does that say to all the companies who are spending millions to associate themselves with us?
Just think it's a bit laughable of the club after nearly 30 years of this being OK (and pretty much every club in the world being OK with it) we now decide to sue. guess its the Konami stuff, even though pes has died on its arse.

Its also quite funny that out of fm, fifa and pes we went for the tie in with by far the shittest one.
 

Pexbo

Winner of the 'I'm not reading that' medal.
Joined
Jun 2, 2009
Messages
68,711
Location
Brizzle
Supports
Big Days
Just think it's a bit laughable of the club after nearly 30 years of this being OK (and pretty much every club in the world being OK with it) we now decide to sue. guess its the Konami stuff, even though pes has died on its arse.

Its also quite funny that out of fm, fifa and pes we went for the tie in with by far the shittest one.
That’s the point. There will have been a catalyst and it’s probably the likes of Konami or another partner going “hang on we are giving you how much while they get to use your name for free?”

So it’s not really laughable at all, it’s an entirely normal and predictable thing to happen that should surprise absolutely nobody.
 

justsomebloke

Full Member
Joined
Oct 25, 2020
Messages
5,944
Exactly.

It’s so weird that people are taking the position “Oh it’s this tiny unknown game that only sells millions every year and has a cult like following”.

It’s literally our business model to sell the rights to our name and yet we are expected to give it away for free in this specific instance? What does that say to all the companies who are spending millions to associate themselves with us?
I think it's rather weirder that you and others treat a specific legal position on image rights as if it was pre-ordained, natural and indisputable, despite the fact that a) United has accepted this use from the same company for several decades and b) the obvious fact that making management simulations with a global scope would be either impossible or prohibitively expensive if the same position was taken by all clubs and leagues.
 

matt23

Full Member
Joined
Oct 5, 2013
Messages
1,071
It will take players 2 minutes to mod the game and have Manchester United with official kits and badges anyway. Great use of our resources this.
 

Tom Cato

Godt nyttår!
Joined
Jan 3, 2019
Messages
7,582
It’s football manager. Very very different to fifa/pro evo etc. SI games and EA are worlds apart when it comes to revenue. It’s literally the name of the team spelt out and that’s it. There’s no kits, there’s no logos, there’s no player faces etc. It is literally just the use of the word ‘Manchester United’.
By this logic, nobody here on redcafe should be allowed to use the word Manchester United without paying United to be able to do so.
Where do we even draw the line? Would youtubers have to stop using Uniteds name or wearing United merchandise on their videos because they’re making money whilst wearing United gear without giving United a cut. It’s a really fecking daft road to go down.
SI games and EA are worlds apart when it comes to revenue.

They are in the same category of games. Sports. You can argue that 'subcategory' of games matter, but Intellectual Property is designated by name and industry, not category of industry. Logo and likeness are more broad encompassing. For example you won't find a "Nike Drycleaning"

Konami PAY Manchster United money to license the name and likeness in gaming and entertainment. The club can't ignore that other players are using the name for commercial profit when other players pay.

Where do we even draw the line?


Commercial licensing. That's where we draw the line.

By this logic, nobody here on redcafe should be allowed to use the word Manchester United without paying United to be able to do so.

You and I use the Manchester United name in conversation, I do not profit from a commercial product I don't license.

Would youtubers have to stop using Uniteds name or wearing United merchandise on their videos because they’re making money whilst wearing United gear without giving United a cut.

YouTubers are generating commercial profit from the Manchester United name through fan association, but they are fan channels that contribute to the clubs potential own commercial growth. They do not pretend to represent the club in an official capacity. Plus fanclubs (official clubs endorsed by the club) and unofficial clubs have decades long traditions of excisting in the same sphere and is not subject to the same commercial scrutiny as a company that sells physical and digital goods. For the Youtube presenters to wear Manchester United gear they've bought is of course preferable to wearing anything else. The club already received their small% cut and revenue from the apparel sponsorship with their commercial partners. Websites that sell Manchester United products have made licensing deals with the clubs relevant commerical partner for the right to use the name, logo and playernames on products they sell.

So why even sue now?

Well, in reality the club should have sought a deal with SI a long time ago. Manchester United is a trademarked name and global brand with certain responsibilities pertaining to its Intellectual Properties. For example the name and logo are commercially trademarked: https://www.trademarkia.com/company-manchester-united-football-club-limited-4844924-page-1-2 - The growth of the market and global reach have prompted the necessity of such an action. The PES games are a great example of commercial licensing rights to names, logos and likeness.

The Manchester United football club is also a trademarked commercial entity and must challenge all uses of its name and likeness if they want to control their Intellectual Property rights. If the club does not challenge SI on its use of the name Manchester United and contracted player names, they can risk forfeiting the opportunity to commercially license the name thorugh acquiescence.

You're also overestimating how much time the club dedicates to this particular topic. It's simply been forwarded to the teams legalteam that are retained to do a job anyway, no resources that could have gone anywhere else were spent.

Manchester United challenigng SI in litigation does not meant that they burn any bridges with the company, it simply means that they are aknowledning that they have a obligation to protect their IP so it can't be used in unlicensed commercial works. The club will effectively forfeit the opportunity to license the name if they do.

So no, the club and its representatives are not being "daft". They're adults that know what they're doing.