Licensing and IP protection in sports, why Man Utd are Man Red in FM
pine patent
August 26, 2024
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Football Manager (FM) is a beloved football simulation game enjoyed by fans worldwide. However, many players have noticed that certain English Premier League (EPL) club logos are missing, or that Manchester United appears under the unfamiliar name "Man Red" with a different logo. This often raises questions among users. The reason behind these omissions and changes lies in intellectual property (IP) protection and licensing issues.
Sports have evolved into a global business far beyond just games on the pitch. Teams, leagues, and players have become brands with immense commercial value. The IP associated with these brands is a crucial asset in the sports industry and is rigorously protected by law.
Taking EPL clubs as a concrete example, let's explore how IP protection works. Logos and team names are legally protected as intellectual property. IP refers to the legal rights that creators or rights holders have over intangible assets like creations, designs, and trademarks. EPL clubs hold trademarks, copyrights, and design rights through their logos, team names, and uniform designs.
These grant exclusive commercial use of specific trademarks. EPL club logos and names are protected under trademark laws, which can vary by country but are internationally recognized through organizations like the World Intellectual Property Organization (WIPO). For instance, Manchester United's name and logo are registered trademarks, and using them requires a licensing agreement with the club. Unauthorized use can lead to legal actions such as claims for damages or injunctions. This is why FM omits certain EPL club logos—to avoid trademark infringement without proper licensing.
This protects the rights to creative works. EPL club logos and uniform designs are protected under copyright laws as original creations. Copyright arises automatically when a work is created, and unauthorized reproduction or use constitutes infringement. FM's omission of club logos is also due to copyright protection, as using these logos without permission could result in legal issues.
These protect the appearance and shape of specific designs. EPL clubs' uniforms and logo designs can be protected under design rights, which prevent unauthorized copying or use of the designs. In the UK, for example, these are protected under the UK's design laws.
Manchester United is notably proactive in protecting its trademarks. In 2020, the club filed a lawsuit against FM's developers, Sports Interactive and Sega, alleging unauthorized use of its trademark in the game series. The club argued that its name and brand are well-known to the public, and unauthorized use constituted trademark infringement. As a result, FM began using the name "Man Red" to represent Manchester United, reflecting the club's iconic red colors while avoiding trademark issues.
However, in 2023, a licensing agreement was reached, allowing FM to use Manchester United's official name and logo in the game for the next four years. This agreement was part of a broader deal bringing the Premier League to Football Manager.1
A similar case is "Arsenal Football Club Plc v. Matthew Reed," where Arsenal FC sued a store for unauthorized use of the club's trademarks. The court recognized Arsenal's trademark rights and ordered the defendant to pay damages. Such cases demonstrate the stringent protection of trademarks and the seriousness of infringement.
To conduct business involving team logos, player names, stadiums, and other IP assets, obtaining a licensing agreement with the rights-holding team, league, or organization is essential. Unauthorized use can result in legal issues such as trademark, copyright, or design rights infringement.
IP protection allows sports teams to maintain their commercial value and secure their legal rights. Trademarks, copyrights, and design rights protect the core assets of the sports industry, enabling sports brands to continue growing in the global market. The importance of IP protection and licensing agreements in the sports industry will only increase, providing fans with higher-quality sports content and experiences.
Understanding the legal landscape behind games like Football Manager helps fans appreciate the complexities involved in bringing realistic sports experiences to their screens. IP protection is not just about legal compliance; it's about respecting the brands that fans love and ensuring that both creators and rights holders can continue to provide the best possible products and experiences.
