May 26, 2016
Mourinho’s Trade Mark Own Goal
Mourinho’s Trade Mark Own Goal

The ongoing negotiations between Chelsea and Manchester United over the ownership of the JOSE MOURINHO trade marks is a surprising twist in the Special One’s appointment as manager of United. It is unorthodox for a club to own these rights and whilst Mourinho will still be able to use his own name to refer to himself, the implications for merchandising of the Mourinho brand are significant both for commercial exploitation and to avoid trade mark infringement.  

This serves as a sobering reminder to not underestimate the power of IP in commercial deals, and it will be interesting to see whether the clubs are able to agree to a licence or sale, or if United decide to take more assertive action and challenge the rights. It also shows that in the absence of a formal image right in the UK (see here), trade marks are a valuable way of exploiting personality rights.

Stobbs advise a range of clients, including sporting clubs, on a full range of intellectual property strategies from trade mark registration through to brand licensing and commercial transactions. If you would like to seek advice on any of the issues raised here, please drop us a line.

 

Tags
Trademarks /  Brand Valuation /  Sport /  Celebrity /  Brand Extension (licensing) /  Commercial Contracts

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