Electronic Arts, the California-based games company, used the
names and likenesses of real players and teams in the game.
According to Gamesindustry.biz, it had obtained a licence for this
use from both the European football players' federation (FIFPro)
and the German Bundesleague.
However, the Bayern Munich goalkeeper does not belong to either
organisation, and did not give permission for his likeness to be
used. The game must therefore be withdrawn from sale in
Germany.
The image of a celebrity can become a valuable brand in itself.
To use that image or the trade marks of a club in a way that
implies product endorsement tends to be an expensive mistake.
Electronic Arts (EA) has been here before. As reported by
IDG.net, the company previously upset Ajax of Amsterdam, PSV
Eindhoven and Feyenoord of Rotterdam by using the clubs' shirts,
names and player images in a game without permission. It settled
out of court, buying a licence at a fee that was likely to be above
market rate.
Earlier this month, racing driver Eddie Irvine won an appeal to
increase his earlier award of damages in an action against Talk
Radio over a promotional brochure that featured a doctored
photograph of him without permission. The picture showed Eddie
Irvine holding a radio to his ear with the words Talk Radio on
it.
Irvine had argued that it damaged his reputation and goodwill.
The court agreed, ruling that the public would mistakenly think he
had endorsed the station. The final damages award was £25,000,
based on the sum that Irvine would have expected for a legitimate
endorsement deal.
The court has not yet awarded compensation in the Kahn case.
According to market research firm Media Control, the game has
already sold 180,000 official copies in Germany. The actual number
of sales, on which compensation will be based, is likely to be much
higher.
