25 May 2016 18:38:22
Reports suggesting that Jose Mourinho will change his name to Joel Morrison to avoid having to pay Chelsea a license fee for the use of his original name in commercial settings.

In all seriousness; how can a commercial entity own the copyright to an individuals name? The whole world has gone mad!


1.) 25 May 2016
25 May 2016 21:05:29
You say the world has gone mad, wouldn't this be the same as wrestling companies owning the rights to their current and former wrestlers names? If this is the case its been the world we have been living in for a very long time now.


2.) 25 May 2016
25 May 2016 21:54:10
Walrus - There's a big difference between owning the copyright for a stage name/ persona and owning the copyright to an actual person's name.

If Chelsea had decided to create a persona for Jose, had him manage as Jose 'The Portuguese Disease' Mourinho and subsequently registered the copyright - then I'd have no problem with it.


3.) 25 May 2016
25 May 2016 22:21:38
Copyright and Trademark are two totally separate things. Creative content is Copyright (ed) on creation. A Trademark identifies a product or service. Chelsea Trademarked the name Jose Mourinho, he obviously was involved and received I assume some financial benefit. So the product is the name on certain predefined things - it seems watches and mugs among other things.

Copyright as i said is for creation of creative content and is awarded automatically without application. Unlike Patents which are again separate from both Trademark and Copyright.

If you want to the ambiguities of Copyright Law - check out the case of the Baboon that took a selfie - it's currently in Litigation in a US District Court.

In other news - Is Zlatan going to wrestle Rooney for the 10 jersey. Can't imagine Zlatan playing in a random number.

{Ed004's Note - Rumours that Zlatan gets 9 and Martial takes number 7 off Memphis}


4.) 25 May 2016
25 May 2016 23:03:56
mooseman- Thanks for that. Very informative.

Outside of what I learned in one of my media law modules back in the day (ownership of created materials) - I must confess that I am somewhat ignorant when it comes to copyright and trademarks.

What exactly are the implications when it comes to Chelsea owning the trademark to Jose's name?

From what I've read it's not all too dissimilar to media copyright (in that we can license the use of the trademark from Chelsea) ; but I'm curious in what areas exactly would the trademark apply in terms of the typical day to day running of the club?


5.) 26 May 2016
26 May 2016 00:06:30
I thought copyright was covered in the UK and trademark was covered in America?


6.) 26 May 2016
26 May 2016 00:08:06
So I'm more familiar with Copyright ambiguities but in all honesty. If United wasn't so focused on extracting as much revenue as possible, the deal would have been signed on Monday. The revenue Chelsea collect from Mourinho trademarked merchandise can't be that much. However, they can charge an impressive licensing fee - If i were United, I'd just find out exactly what products have been registered and be continually aware of that list - and just make sure they don't sell anything with his name on it that Chelsea has trademarked.

I'm sure there are a couple of other legal alternatives - but for me the cost right now doesn't benefit any potential revenue. However, and this is a big however - If Chelsea have the right to trademark any product with Jose's name, there could be a future product not yet created that could have massive merchandising potential. I imagine it's that fear that is driving that is motivating Woodward and the Glaziers.

I pretty sure Inter and Real just paid a fee - but then I'm not sure if a trademark fee is created ad hoc i.e chelsea could troll United. that is speculation on my part.

Thanks Ed004 - i wonder what is going to happen with Janusazj and the number 11 jersey. I'd like to see Andreas Pereira get a serious run of games. Very excited for next season, even before the recent mayhem - so much top class young talent lurking. Don't by the Jose doesn't play youth nonsense. If they do a job he wants then they will play, if not then they won't. Same as any player irrespective of age.

{Ed004's Note - I think Januzaj and Periera could and should both be loaned to premiership teams next season. Hopefully Mensah, Shaw, Martial and Rashford are the players that get game time next season(Borthwick as well for cover)}


7.) 26 May 2016
26 May 2016 09:25:01
Moose,

Or they could just take a couple of days and sort it out, not like we have any matches to play. Having to pay Chelsea for any merchandise we sell seems pointless so best to just get it sorted then we can make on with a clean slate.