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SF2k6: Real Player Names

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Old 04-07-2005, 01:18 PM   #1
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Icon5 SF2k6: Real Player Names

Hey SF2kers!!

I have heard time and time again that Sega's new generic pro football game cannot have real player names in it. I don't understand why not because you cannot trademark a common name. An example:

Let's say that a guy named John Deere is on the Lions' roster. His team puts D-E-E-R-E on the back of his jersey. The John Deere company, with this line of thinking, could sue him for using their product name without permission?

See what I mean? Technically, EVERYONE could get sued because of their name because odds are, there is a registered trademark with your name in it. Let's say you have M-A-N-N-I-N-G on the back of the Indianapolis quarterback jersey. Couldn't Sega just say, 'Oh, that's not PEYTON Manning, his name is PETER Manning. It's a different guy so we are free from liability.'

What do you guys think?
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Old 04-07-2005, 01:27 PM   #2
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Re: SF2k6: Real Player Names

The reach of all reaches.

If it's Manning on the Colts, then you're still using the surname of a player under contract with the NFLPA, on the same team that EA holds the rights to in the NFL. I doubt any jury in the history of litigation wouldn't see right through it and award infringement damages.
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Old 04-07-2005, 01:49 PM   #3
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Re: SF2k6: Real Player Names

Quote:
Originally Posted by TCrouch
The reach of all reaches.

If it's Manning on the Colts, then you're still using the surname of a player under contract with the NFLPA, on the same team that EA holds the rights to in the NFL. I doubt any jury in the history of litigation wouldn't see right through it and award infringement damages.
Well, I'm not so sure. Notice in my initial query, I said it was INDIANAPOLIS, not THE COLTS. I fully understand why Sega could not embed real team names in the game, but there is nothing to prevent them from using the real cities that happen to have NFL teams. It would be up to us, the gamers, to physically type in the appropriate team names throughout the entire league before beginning a Franchise or a Season. So as you can see, it would make sense that a team called INDIANAPOLIS can have a QB with the last name Manning. Not a Colts team.

What do you think TCrouch?
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Old 04-07-2005, 01:52 PM   #4
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Re: SF2k6: Real Player Names

In Manning's case, as long as they used his playoff moniker -- C-H-O-K-E -- then it'd be ok ;-)

Seriously, use completely fake names and simply let people edit them... just like WE8. No problem, no big deal.

Now when's this game coming out?
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Old 04-07-2005, 02:31 PM   #5
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Re: SF2k6: Real Player Names

Quote:
Originally Posted by Dark_Lord_Vader
Well, I'm not so sure. Notice in my initial query, I said it was INDIANAPOLIS, not THE COLTS. I fully understand why Sega could not embed real team names in the game, but there is nothing to prevent them from using the real cities that happen to have NFL teams. It would be up to us, the gamers, to physically type in the appropriate team names throughout the entire league before beginning a Franchise or a Season. So as you can see, it would make sense that a team called INDIANAPOLIS can have a QB with the last name Manning. Not a Colts team.

What do you think TCrouch?
I think there's a reason nobody in history has tried it, even before the NFL license was everywhere on football games. I haven't seen the licensing agreements, but I would be very, very shocked to find out that you could use the same last names for the players in the same cities of NFL markets. I would almost guarantee that if you had a Manning, he couldn't be on any team in the Indianapolis market as far as the NFL was concerned. I can't imagine that you're the first person to ever think of the idea, and several generic football games in the past haven't tried it.

There must be a reason, and the licensing agreement would answer all. However, we'll never see it, so it's kind of a moot point. It won't happen. It's just as easy for some insane gamer with too much time on his hands to edit everybody.
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Old 04-07-2005, 02:41 PM   #6
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Re: SF2k6: Real Player Names

Quote:
Originally Posted by Dark_Lord_Vader
Hey SF2kers!!

I have heard time and time again that Sega's new generic pro football game cannot have real player names in it. I don't understand why not because you cannot trademark a common name. An example:

Let's say that a guy named John Deere is on the Lions' roster. His team puts D-E-E-R-E on the back of his jersey. The John Deere company, with this line of thinking, could sue him for using their product name without permission?

See what I mean? Technically, EVERYONE could get sued because of their name because odds are, there is a registered trademark with your name in it. Let's say you have M-A-N-N-I-N-G on the back of the Indianapolis quarterback jersey. Couldn't Sega just say, 'Oh, that's not PEYTON Manning, his name is PETER Manning. It's a different guy so we are free from liability.'

What do you guys think?
You would be opening yourself up to certain litigation, on a basis of violating their likeness rights.
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Old 04-07-2005, 03:10 PM   #7
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Re: SF2k6: Real Player Names

Although slightly off topic, this talk of potential litigation reminded me of ESPN suing EA back in the day when EA was calling itself EASN. EA being small time(relatively speaking) backed down and thus EA Sports was born. I guess all is forgiven now that they're going to be partners in crime.
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Old 04-07-2005, 03:53 PM   #8
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Re: SF2k6: Real Player Names

Quote:
Originally Posted by Dark_Lord_Vader
Well, I'm not so sure. Notice in my initial query, I said it was INDIANAPOLIS, not THE COLTS. I fully understand why Sega could not embed real team names in the game, but there is nothing to prevent them from using the real cities that happen to have NFL teams. It would be up to us, the gamers, to physically type in the appropriate team names throughout the entire league before beginning a Franchise or a Season. So as you can see, it would make sense that a team called INDIANAPOLIS can have a QB with the last name Manning. Not a Colts team.

What do you think TCrouch?
Without the rights you can't use player name or likeness. Having the same last name is likeness. For example, ESPN NHL2k5 has historic rosters but since the they don't have rights to players no longer in the NHLPA, they are just shipped as numbers in the roster (Not even the correct numbers were allowed). However, all the historic player names are in the name database and the announcers will say them once edit.

Being that the team is not colts, I am not sure what the legal semantics are but I am sure it is covered by the NFLPA license to prevent such things from being shipped.
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