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The Manchester United manager had sought to gain exclusive rights to the use of his own name on posters and stickers depicting his image, but was rebuffed by the trademarks registry because he is too famous.
Charles Hamilton, the barrister appointed to rule on Sir Alex’s application, declared that other people should be allowed to use his name on posters because the public would not see this as the manager’s endorsement.
Alan Fiddes, Sir Alex’s lawyer, said that the ruling was in breach of his client’s human rights because it discriminated against famous people.
Non-celebrities are allowed to protect their names on posters because the public will assume that the name refers to the creator of the poster as well as the person depicted.
Some celebrities, such as Joe Cole, the England and Chelsea midfielder, have been able to protect poster trademarks for their names because they registered them before they were famous.
Mr Fiddes said that Cole’s case showed the inconsistency of the ruling. “He applied when he was still young and he got it,” he said.
If Sir Alex succeeds, he will open the floodgates for other celebrities who want to make money out of posters bearing their image.
David Beckham would stand to gain hundreds of thousands of pounds if he were able to control the use of his name on posters bearing his image. He earns more from endorsements and merchandising than he does from playing football.
Michael Owen and Wayne Rooney have also protected their names for non-poster merchandise including umbrellas, key rings, dolls and medallions.
Sir Alex has also applied for trademarks for a range of products including clothing and commemorative coins.
These are likely to pass unopposed. Mr Fiddes said that Sir Alex had plans to exploit all of his trademarks, but declined to comment on whether a Sir Alex Ferguson doll would be forthcoming.
Mark Hickey, a trademark specialist for Murgitroyd & Company, said that it was difficult to judge when individuals had become too famous to be allowed to register their name for posters.
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