According to BBC, It has emerged
that Chelsea still own his name as a trademark and could demand a six-figure
sum from United before any deal is concluded.
However, the issue will not stop his
appointment at Old Trafford.
Mourinho is expected to be named as
Louis van Gaal's replacement after the Dutchman, 64, was sacked on Monday
despite winning the FA Cup. The deal to bring Mourinho to Old Trafford are
largely complete, but discussions between his agent, Jorge Mendes, and United
officials will now enter a third day.
On Wednesday, former Chelsea and
Real Madrid boss Mourinho, 53, told waiting reporters at his home in London
that he was going to Portugal.
What
caused the delay?
Chelsea registered 'Jose Mourinho'
and his signature as a European trademark in 2005, which means they can use it
to sell merchandise such as toiletries, technology, clothing and jewellery.
Sports lawyer Carol Couse told BBC
Sport it was "really unusual" for an individual not to own the
trademark to their own name.
"If United had a brand of
Mourinho clothing, it would be in breach of the trademark Chelsea currently
own," said Couse, of law firm Mills & Reeve.
The possible solutions?
Mourinho cannot override the
trademark, so the options are:
- United do not use Mourinho's name against the
exhaustive list of items that Chelsea have registered - from umbrellas to
watch straps, lingerie and talcum powders.
- United pay Chelsea for a licence so they can use
Mourinho's name on club merchandise
- United ask Mourinho to buy the trademark back
- United challenge the trademark if they think they can
prove it has not been used by Chelsea
Couse pointed out that Mourinho has
managed Inter Milan and Real Madrid since the trademark was registered,
suggesting the Italian and Spanish clubs both found a way around the sticky
issue.
"They have either acquired the
rights from Chelsea or managed the use of his name," she said.
As for a licence, Couse estimated
that it could cost United "hundreds of thousands of pounds" but said
it might be worth the investment.
"If Chelsea didn't grant a
licence, every time United used Jose Mourinho's name in a commercial capacity
against those products, Chelsea could sue Manchester United," she said.
"I would suspect United would rather just pay a licence fee."
Other
issues?
There is also potential conflict
between Mourinho's personal deals and United's own sponsors.
For example, he has a contract with
car manufacturer Jaguar, while United's shirts sponsors are Chevrolet.
"I don't think that in itself
would hold up any negotiation," said Couse.
"A lot of world-class players
go to Manchester United with their own personal deals. Mourinho's deals will be
in a personal capacity."
Couse said United cannot force
Mourinho to drive a Chevrolet car or wear Chevrolet clothes outside of club
capacity, but they could pay him an incentive to buy out the Jaguar deal early.
Will he sign for Manchester United,
time will tell.