Saturday, 4 June 2016

Who Owns Your Given Name?

In answer to the above question, the response, "You do" should be a no-brainer, but actually it's not. In football (soccer) club manager Jose Mourinho's case, his given name and signature have apparently been the rightful property of Chelsea Football Club via a European trademark since 2005, for the purposes of selling swag with his name on. Okay, but the purpose of trademarks is to prevent consumer confusion; if the trademark was invalidated as being ridiculous Chelsea would still be able to sell swag with Mourinho's name and signature on, they just wouldn't be able to be the only ones doing so. But this has nothing to do with consumer confusion prevention and everything to do with exerting control over individual via control over licencing to use their own names. No artist or creator ought to be obliged to register an ownership interest in the use of their own name, even if only to stop others from doing so.

Read more: https://www.techdirt.com/articles/20160601/06114234591/perversion-trademarks-jose-mourinho-cant-coach-man-u-yet-because-former-club-trademarked-his-name.shtml

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