‘Football Manager’ Game Developers, Sega and SI Sued for Trademark Infringement by Manchester United

Everything is image! Well there lies no dispute in the phrase especially at this age, where brands and reputed enterprises rule the world. Not even a single ware is excluded from such brand imaging and hence, protection of such brands and their trademarks becomes an inexcusable necessity. Besides a badge of quality and expertise in the field, trademarks grant an exclusive right to the owner such that he may exhaust his trademark in registered classes, as preferred.  Similar goes for the exceedingly competitive video gaming industry wherein trademarks play a critical role in development of any game’s intellectual property portfolio. Employing this formula, at various occasions the game developers feature recognized marks without any prior authorization per se to ultimately earn brownie points for themselves. The recent highlight wherein Manchester United sued the football game publisher and developer, Sega Publishing and Sports Interactive (SI) involves the same crux.

The decades old best-loved football simulation game, Football Manager, began its life in 1992. At that time, it was regarded as ‘Championship Manager’ however the game lost its prior name after a new tie-up with Sega in the year 2003. Since 2004, the publishers have launched more than 15 games back to back, every proceeding year, adding up to the football gaming simulation series. As regards to the present dispute, United apparently was aggrieved by usage of its trademark features “extensively throughout the game.”

Additionally, the club argued that Sega and SI has not only illicitly utilized the name but also infringed the trademark logo by merely “replacing the club crest with a simplified red and white striped logo.” The complaint stated, this action “deprives the registered proprietor of its right to have the club crest licensed”

On the other hand, the game developing company responded by stating the use of trade name is, “a legitimate reference to the Manchester United football team in a football context” and the same has been used in the game since its beginning, however, no complaint has been raised by the club previously. Moreover by bringing forth such a complaint the club is “preventing legitimate competition in the video games field by preventing parties not licensed by the claimant from using the name of the Manchester United football team within such games.”

In a hearing on Friday, after listening to submissions by both the parties, Justice Morgan directed United to amend its claim to a later date and till then the judgment stands reserved.