Liverpool FC Also Apparently Attempted To Trademark Widely Used Chant By Football Fans

from the nacho-cheer dept

We were just discussing Liverpool FC, a football club in the UK's famous Premier League, receiving a ton of backlash from the public and other football clubs over its rather audacious attempt to trademark "Liverpool". Now, Liverpool FC claimed that its trademark application was extremely targeted, claiming that it was geared specifically towards the football marketplace. Unfortunately, in the current protectionist trademark era, that doesn't mean much. First, we see trademark holders threaten and sue those across marketplace borders all the time. Second, there are other football clubs in Liverpool, meaning that the trademark application represented a direct threat to their brands.

It turns out this callous attitude towards other football clubs isn't a one-off for Liverpool FC. Recent reporting reveals that the club also has attempted, and then withdrawn, trademark applications for a popular football fan chant that doesn't even originate with Liverpool FC fans.

Liverpool FC made an audacious attempt to trademark the popular terrace chant ‘Allez, Allez, Allez’, it has been revealed. The Reds’ owners FSG made an application to the intellectual property office to trademark the words last November, according to iNews, only to later withdraw it. ‘Allez, Allez, Allez’ has become synonymous with the Anfield faithful having adopted it last year during their run to the 2018 Champions League final.

However, Liverpool were not the first side to adopt the chant, with the song reportedly sung by fans of FC Porto as far back as 2016 and the likes of Genoa, Juventus and Napoli all coming up with their own versions. Fans of Aston Villa, Rangers, Atletico Madrid and even Cardiff City are also said to have appropriated the popular terrace chant.

Making this all the more stupid is that the chant is from a song created by an Italian band in the 80s. So, Liverpool FC fans occasionally use a fan chant appropriated by fans of other clubs, which stems from an Italian band from a few decades ago... and decided to try to trademark it?

So of course there was more fan backlash again, both before and after Liverpool FC had withdrawn its application. The real question is why the club seems to think it needs to lock up language that is generic or common across its geographic area and/or marketplace, to the detriment of everyone else?

Filed Under: allez allez, fans, football, liverpool, soccer, trademark
Companies: liverpool fc

Fans, Indie Soccer Clubs Slam Liverpool FC For Trying To Trademark 'Liverpool'

from the pool-party dept

Covering trademark nonsense, our posts tend to intersect regularly with the world of sports. It's relatively common at this point to witness teams and even entire leagues pulling anti-fan trademark stunts, from athletes trademarking their own nicknames no matter the fallout, to leagues considering messing with the trademark applications of video game companies, up to and including iconic baseball teams managing to trademark the derisive nickname given to them by other teams. It's all very, very stupid.

Across the pond, however, teams in the Premier League have somehow managed to get trademarks on their home-city's names. Chelsea FC, for instance, has a trademark for "Chelsea" related specifically to football services and merch. This sort of thing is almost never allowed here in the States, but it's become enough of a thing that Liverpool FC is attempting the same move for "Liverpool" and it's pissing off a whole bunch of people.

As was the case with Chelsea FC, Liverpool FC insists its mark will be very narrow.

The Reds stress their application is "only in the context of football products and services", and intended to protect both the club and the supporters "from those benefiting from inauthentic products".

There are a couple of problems with this. For starters, the general public has apparently become educated enough on the practices of trademark abuse to want to push back on the application themselves. Given how ignorant the general public has long been on how broad trademarks can be abused, this is rather encouraging to see.

A petition has been launched on Change.org that, at the time of writing, had already gathered more than 850 signatures in the space of a few hours.

It said: "This petition is to keep [the word Liverpool] for all people of Merseyside to use without a solicitor's letter dropping through your door. Do the right thing. Let's stop this."

Twitter user Azul wrote: "The club only need see how unpopular this is with its own fans to realise their greed is going too far. Not everyone has the budget for official merchandise, and there’s many making a living from this. Turn it in lads."

Negative feedback from the public goes on from there, including from local ward Councillors. But you have to also wonder just what the granting of such a trademark would do to City of Liverpool FC, an independent club that plays in the Northern Premier League.

City of Liverpool FC, who play in the Northern Premier League, called the move "outrageous" on Twitter. A spokesman for the club told the ECHO : "Our club is one of many that will be affected by this trademark application made by Liverpool FC.  We as an ambitious and independent football club feel that we are entitled to use the name of our city in our name. We understand that LFC may not have intended to threaten the future of our club, but that is an effect of this application, but even just on a moral basis, we don't think any private business should be able to own the word 'Liverpool' - it simply does not belong to them."

Beyond any moral concerns, this is exactly why many trademark systems put such a high bar on attempts to trademark geographic terms. That term is typically more widely used than any kind of creatively inspired name or term, as is the case here. For a given industry, never mind something as popular as football in the UK, there is likely more than one player in a geographic area. Allowing any one of them to gobble up the rights to a geographic term for that entire industry, even an industry as narrow as football, is insane.

Fellow Twitter user John Furlong called for a campaign against the "ridiculous idea", adding: "The name of the city does not belong to any one individual or group."

Not so in the case of Chelsea, as we've said. But that's a problem, not a precedent worth repeating.

Filed Under: fans, football, liverpool, soccer, trademark
Companies: liverpool fc

Copyright As Censorship: FIFA's Overaggressive Copyright Takedowns Target Fans Celebrating And Pussy Riot Protesting

from the copyright-censors dept

One of the talking points we heard in the run up to the EU Parliament's vote over the EU Copyright Directive was the laughable claim that Article 13 -- which would require mandatory upload filters for many sites -- could not possibly lead to censorship. Here was what UK collection society PRS for Music had to say about that issue:

...the argument is flawed for the simple reason that it assumes creators and producers are incentivised to block access to their works.

Centuries of copyright have proven this is not the case. Indeed, one of the core principles of copyright is that it incentivises the licensing of works. Requiring online platforms to obtain a licence will not lead to mass-scale blocking of copyright works online.

We talked about how silly this was in response (and pointed to dozens of articles we've written in the past about how copyright is used for censorship), but let's add another one to the pile. As you know, the World Cup just ended this past weekend, and FIFA, which certainly has some history being over aggressive on the "intellectual property" side of things, apparently was working overtime getting videos taken down from various platforms.

This resulted in lots of outraged fans especially over insane situations like when Kathryn Conn posted a 5 second video of her 7-year-old son celebrating a goal. She posted it to Twitter, where it was promptly taken down thanks to a highly questionable DMCA notice from FIFA. It is positively bizarre that anyone could possibly think that this video infringed on anyone's copyright, or that it somehow should require "licensing" from FIFA to show your 7-year-old celebrating a goal.

But, it's not just taking down what some might consider "inconsequential" videos of fans celebrating. As you may have heard, the well known collective Pussy Riot staged a protest by having some of its members run onto the field during the final between France and Croatia. All of those involved have been arrested and thrown in jail for 15 days and banned from visiting any sports event for three years.

And... you guessed it, it appears that FIFA decided to take the matter into its own hands and sent a DMCA takedown to have the video disappeared:

Oh, but no, copyright is never used for censorship, is it? It's just magically taking down videos of political protests... because it's an incentive to license the material, right?

Filed Under: censorship, copyright, copyright as censorship, dmca, free speech, protests, pussy riot, russia, soccer, world cup
Companies: fifa

Progress Isn't Linear: YouTube TV's World Cup Flub Threatens Public's Trust For Sports Streaming

from the cup-up dept

As we've pointed out any number of times over the past few years, cord-cutting is a very real thing and represents a threat to the cable television industry as it exists today. One of the last threads from which that industry largely hangs is professional sports broadcasts, with cable network providers having traditionally locked up pro and college sports broadcast rights in long-term exclusive deals. That has slowly begun to change, as the leagues of the world have finally gotten on board with streaming providers big and small, connected to the cable industry or not. If this is adopted en masse, it puts disruptive change for cable on the horizon.

But progress isn't linear and one of the threats to keeping this train on its tracks is the quality of the experience for users that dive into these sports streaming options. Especially early on in this kind of change, providers getting things right is extremely important, as reputations and public perception of the viability of sports streaming are more than somewhat on the line. And YouTube recently botched its broadcast of the World Cup match between England and Croatia.

In the middle of Wednesday's World Cup semifinal match between England and Croatia, YouTube's live TV service suffered an unfortunately-timed outage (not unlike ones we've seen from Sling or Hulu). Naturally, it enraged YouTube TV subscribers who had picked up the service specifically to catch live broadcasts like that game, and now it's offering an apology in the form of a credit.

There are several unfortunate factors at play for why this specific screw-up is worse for the reputation of sports streaming than it might have been otherwise. We can start with the most obvious factor: this is YouTube we're talking about. Look, there are plenty of good streaming service providers out there, but YouTube is the king of them, by reputation if not by fact. Having that name tied to this screw up is likely to register with the public as an indication that streaming for sports may not be ready for prime time.

The second factor: this was the World Cup we're talking about. The popularity of this event, and its related viewership, is immense. The public knows that. Any streaming service for World Cup broadcasts has to know that its service is going to be heavily trafficked and ought to have its shit in order to accommodate the event's popularity. Heavy viewerships shouldn't be a surprise and, whatever the actual cause of YouTube's interruption, it will be assumed by most that viewership load played a factor.

Now, as the post notes, streaming interruptions have happened before and they will happen again. Much of the reaction to what I outlined above will be at least in part unfair. But if you're rooting for sports streaming to erupt in popularity, or if you're a streaming provider trying to get more leagues on board, this kind of a screw up was about as bad in terms of timing as it gets.

Filed Under: football, live streaming, soccer, streaming, world cup
Companies: youtube

Yankees' Dumb Ticket Policy Turns Soccer Match At Yankee Stadium Into A Ghost Town

from the papers-please dept

You may recall that we discussed the New York Yankees' bumbling attempt to institute a new ticket policy for Yankee Stadium that disallowed print-at-home tickets. Dressed up as a policy designed to combat fake tickets being sold by scalpers, the policy was actually designed to be a warm hug to the team's partner Ticketmaster and a slap to Ticketmaster rival StubHub, as well as all of the other secondary market resellers out there. Still, some people probably shrugged, assuming that this would only have an effect on Yankees fans, a group that might find the soil of sympathy barren.

But of course that assumption isn't true. Aside from representing a potentially virulent precedent that could be adopted by other teams, the Yankees aren't the only team that plays in Yankee Stadium. The local soccer (football) team, New York City FC, not only plays there as well, but the team hosted a match recently, and that match was likewise governed by the new ticket policy. So, how'd that work out exactly?

Thanks to member [Albany] for the pic. 8 minutes out! pic.twitter.com/wqaKJ9UmQ2

— NYCFC Forums (@NYCFCForums) March 13, 2016

Now, it's a bit confusing from the tweet, but that picture was taken shortly before the match was to begin, during warmups. It was not, as some had interpreted, taken with eight minutes left in the game. Which isn't to say that the results of the new ticket policy were anything short of disastrous.

Entry to the @NYCFC game at @Yankees Stadium is a DISASTER. Everyone in line has a paper ticket and is being turned away. @YankeesPR — Daniel Roberts (@readDanwrite) March 13, 2016

Yankee Stadium doesn't care about its customers, the ticket-holders. overtly disrespects them. @Yankees @NYCFC pic.twitter.com/pQOCmT0Jud

— Daniel Roberts (@readDanwrite) March 13, 2016

And the Deadspin post has a rolling series of tweets, including more pictures of crowded lines of pissed off fans, with reports that getting in was a massive problem, fans were being turned away, and everyone involved was generally aggravated.

Now, some will retreat back to the safety of the assertion that any new policy will breed some confusion and take time before all things go seamlessly. And, hey, that's true. However, this fustercluck also is a wonderful reminder of just how full of crap the Yankees were when they rolled out this policy. Were fraud to be a massive issue in need of addressing, why then is there so much overwhelming demand from fans for the use of print-at-home tickets? If the secondary market were a cesspool of fraud and abuse, that demand would cease to be. Yet, there was so much of that demand for this NYCFC match, that the ticket gates were mobbed by the angry. Not the best of starts for a fan-friendly ticket policy, methinks...

Filed Under: baseball, lines, printing tickets, secondary market, soccer, tickets
Companies: yankees

DC Comics Going After A Spanish Soccer Club With A Bat In Its Logo For Some Reason

from the holy-trademark-abuse,-batman! dept

When it comes to being IP bullies, DC Comics has built quite the reputation for itself. From its taking on the gravestone of a victim of child abuse in the name of protectionism to taking on BBQ joints because of a logo that includes a bat. That last historical example foreshadows this latest news, in which DC Comics decides to take on a Spanish soccer team for having the audacity to include a bat in its logo.

According to a report from Yahoo Eurosport, DC Comics is suing the Spanish soccer team Liga Giants Valencia over their logo, which apparently resembles Batman's logo in that it also features a bat. Unfortunately, according to European reports, the bat has been a symbol used in Spain for about 800 years. There's even a fucking Wikipedia page about it. And the soccer team's bat logo has been in use since 1919, before Batman was first published.

Here's the logo in dispute.

Do the two logos have similarities? Sure, but that says a great deal more about the general indistinctness of DC Comics' mark than it does about any sort of malicious copying by the Valencia club. Add to that the fact that, even working with such a general shape and color scheme, there are distinct differences between these two marks and the many, many other Batman marks that have been registered in the past, and one wonders what DC Comics was thinking yet again with another silly trademark dispute. After all, were you to review every Batman logo that's been registered as a trademark, a means for customers to identify a particular brand, you have to wonder if there hasn't been a real attempt to simply trademark every possible iteration of a bat as a logo. And that makes me wonder why such a practice doesn't invalidate the trademark altogether.

All this and we haven't even mentioned yet that I'm fairly certain that DC Comics doesn't own a soccer club anywhere, so I'm not even remotely clear on how these two logos are competing in the same marketplace with the potential to confuse the same potential consumers. Add to that the long-established use of a bat as a logo in the Valencia region and this looks like a losing proposition for DC Comics.

Probably, DC thought this dumbassery would fly under the radar because it's happening Spain, which does not have its own official Has DC Done Something Stupid Today counter, but they're wrong, because The Outhouse is going international!

It has been 0 days! Olé!

Olé!

Filed Under: bat, batman, confusion, football, logos, soccer, spain, trademark
Companies: dc comics, liga giants valencia

Premier League Uses Copyright To Pull Down YouTube Video Of Professor Advocating For Stronger Copyright For Premier League

from the circular-reasoning dept

Via Bas Grasmayer we learn that the English Premier League and its insane take on copyrights has struck again. We've written many times before about the Premier League and its wacky belief that every possible use of its content must be licensed. Just a few weeks ago, it said that it would start taking down animated gifs and 6-second Vine videos of goals, even though it knew this would piss off fans. Still, the Premier League said it had to do this because "copyright."

The Institute for Information Law (IViR) recently held its Information Influx event, and it included a panel discussion on "Who Owns the World Cup?" discussing the very question of copyright and sports clips. IViR put video of all the sessions online, but if you go visit the "Who Owns the World Cup" video, you'll see this instead: Yes, that's right, the entire video of a discussion on the copyright issues around sharing tiny clips of football/soccer videos was taken down by the Premier League, because one of the panelists showed a brief clip to raise some of the questions concerning copyright issues.

Amazingly, it appears that the only clips of Premier League matches were shown in a presentation by Prof. Lionel Bently who was arguing in favor of stronger copyright protection for sporting events. As Thomas Margoni from IViR explains in his post about this, this seems like an "own goal" for the Premier League, abusing copyright law to censor a legal discussion in which the "offender" is advocating on their own behalf:

It is not unlikely that the FA Premier League requested the removal on a semi-automatic basis without really watching the video (a sort of good faith mistake) and hopefully YouTube will reinstate the video soon. In spite of the abovementioned brilliant intervention by a leading IP scholar arguing in favor of more (copyright) protection for sporting events, I am inclined to say that right now, looking at the disconsolate face that appears instead of the video on the blocked YouTube webpage, sports organizers have enough rights as it is.

Not so much a penalty as an own goal.

But, you know, gotta take it down, because "copyright."

Filed Under: censorship, copyright, lionel bently, own goal, soccer, sporting events, takedowns, youtube
Companies: ivir, premier league

English Premier League Apparently Wants Fans To Hate It Even More: Threatens To Pull Down Vines And Animated GIFs

from the because-the-premier-league-is-stupid dept

There's a line of thought that appears sometimes in copyright debates that simply leaves me completely... flabbergasted. It's the idea that you have to go after and stop infringement because it's infringement, period. Even if you point out that stopping the infringement is costly and probably counterproductive, there's this belief that "infringement must be stopped at all costs." I've even had explanations where people insist that even if stopping piracy harms a market, it still must be stopped "because it's piracy." People who fear that infringement hurts markets -- I can understand, even if the evidence doesn't always support it. But people who insist that it must be stopped, no matter what the cost, are simply people I cannot understand at all.

And yet that seems to be happening with the English Premier League. No doubt, the Premier League has something of a history of ridiculous overreaction to intellectual property issues, including suing YouTube because people had uploaded clips of games. This was a few years after threatening to sue the fans themselves.

The latest is that the Premiere League has warned fans that it's going to shut down any attempts at sharing Vines or animated gifs of goals. The reasoning seems to be purely about "it's the law!"

In an interview with Newsbeat, Dan Johnson, director of communications at the Premier League, said: "You can understand that fans see something, they can capture it, they can share it, but ultimately it is against the law."

"It's a breach of copyright and we would discourage fans from doing it, we're developing technologies like gif crawlers, Vine crawlers, working with Twitter to look to curtail this kind of activity."

As for the fact that this might piss off fans? The Premier League doesn't care. At all.

He added: "I know it sounds as if we're killjoys but we have to protect our intellectual property."

Actually, no, you don't "have to protect" your intellectual property. In fact, if it's stupid to do so -- pissing off fans and angering the very people who pay the bills, it seems like a bad idea. But the Premier League doesn't seem to care about that at all. It's just taking the "we must protect our IP" view of it all. Because.

Of course, there's a strong argument that, here in the US, the use of such things would be clearly fair use. Unfortunately, however, the UK doesn't have fair use, and the entertainment industry has fought hard against allowing it, saying it would harm innovation.

So, the end result is the Premier League "protects" its intellectual property, pisses off fans, and basically misses out on pretty much any chance for remaining fans to bring other non-fans to the sport. It doesn't make any sense, but, again, it seems to come from a mindset that just is incomprehensible to me.

Filed Under: animated gifs, copyright, fair use, fans, football, soccer, uk, vines
Companies: premier league, twitter

DailyDirt: Having A Ball

from the urls-we-dig-up dept

Maybe you've been following a sport called football (not soccer!) recently. You wouldn't be alone. The World Cup has an audience size of nearly a billion people, roughly nine times the audience that watches the Super Bowl (or the whatever-you're-allowed-to-call-it "big game"). But for those of you not really interested in watching these soccer football matches, here are some links on the technology behind various game balls.

• Soccer ball designs have changed quite a bit since the 1920s. The Telstar Durlast ball from the 1970 World Cup is the buckyball shape that was designed to be more visible on black & white TVs. The newest ball designs have far fewer panels and seams, and they need to be tested to make sure the aerodynamics aren't too different from previous balls. [url]
• The first basketball was actually a soccer ball. Before the 1940s, the technology to make an inflatable ball without laces didn't exist, so it wasn't until after basketballs could be molded for a smooth surface (without laces), that dribbling became a major part of the sport. [url]
• A completely smooth golf ball would travel only about half as far as golf ball with dimples. The dimples create a turbulent boundary layer of air around the ball, and the effect can produce additional lift, depending on how the ball is hit. [url]

If you'd like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) Techdirt post via StumbleUpon.

Filed Under: aerodynamics, basketball, design, football, golf, soccer, sports, super bowl, world cup

DailyDirt: Digging Into Sports Statistics

from the urls-we-dig-up dept

Baseball fans have been fascinated with player statistics for a really, really long time. Sabermetrics changed a few things about baseball in recent years, so it's about time other sports started looking into more rigorous data analysis, too. Fantasy team managers and actual professional coaches are both looking for diamond-in-the-rough players, and more player statistics are being collected and analyzed to find them. Here are just a few interesting developments in the field of performance analysis.

• Looking at the stats for 452 NBA players, there are far more than the five traditional positions in basketball -- try 13 different kinds of players. The 'Paint Protector' position gets more fouls than shots and collects rebounds like crazy. The 'Scoring Rebounder' might be a more highly-paid player, though. [url]
• The NBA wants to provide more engaging statistics to its fans, so it's turned to enterprise software solutions -- SAP HANA. Will re-purposed business analytics software be able to appeal to millions of fans? [url]
• The PageRank algorithm can be applied to soccer players, based on how many passes a player receives from his teammates, to help analyze how players fit into a team and quantify the overall strength of a team. Obviously, this algorithm has several limitations, but soccer isn't as statistic-friendly as other sports, so data analysis strategies for soccer are not as well developed. [url]

If you'd like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) Techdirt post.

Filed Under: analytics, basketball, data, pagerank, sabermetrics, soccer, sports
Companies: nba, sap