Games company sued by Man Utd

A trademark dispute between Manchester United and the makers of Football Manager has resulted in the Premier League side taking legal action against Sega Publishing and Sports Interactive (SI) for not using the club's official crest, claiming it has been "deprived" of its right to have the crest licensed by the publisher and developer of the computer game. 

 

SI and Sega and have also been accused of infringement by the club for "replacing the club crest with a simplified red and white striped logo" in the game and not using the official Manchester United emblem.

 

Lawyers representing Manchester United claim that this "deprives the registered proprietor of its right to have the club crest licensed". The club stated that by using their name "extensively throughout the game" that the Manchester United trademark had been infringed. 

 

SI and Sega say that the use of the club's name is "a legitimate reference to the Manchester United football team in a football context" and that it has been used since 1992 by Football Manager and its predecessor, Championship Manager, "without complaint".

 

Furthermore they have accused the club of trying to "prevent 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"

 

Simon Malynicz QC, barrister for Manchester United, said at a preliminary remote hearing "the name 'Manchester United' is one of the world's most valuable and recognised brands. The products and services that are licensed by the claimant benefit from an association with the club's winning culture and its brand values" and that the money clubs make from licensing their logos and names is "very significant".

 

Mr Malynicz accepted that his argument is "somewhat novel, and certainly in the context of video games, but it is certainly arguable" and furthermore stated "consumers expect to see the club crest next to the name Manchester United … and this failure to do so amounts to wrongful use".

 

However, SI and Sega said that preventing them using the clubs name "would amount to an unreasonable restraint". 

 

Judgment was reserved by Mr Justice Morgan on United's application to amend its claim to a later date.

 

Rusholme