FIFA in troubled waters, this time for use of foam
NEWYORK: Just when it appeared that FIFA was emerging from its morass of legal problems, the organization is back in trouble with the law.
Its latest misdeed? It has been accused of using a proprietary foam without respecting and supporting the patents of its inventor.
“FIFA robbed my idea; this is anti- fair play,” said Heine Allemagne, inventor of the aforementioned foam, which gained international renown after being used at the 2014 World Cup.
The product allows officials to paint a white foamy line, demarcating the minimum 10 yards between the ball and the closest defenders on a free kick. Allemagne says FIFA’s actions have allowed other companies to produce and sell rival sprays for use in organized soccer.
This week, after years of Allemagne’s unsuccessful petitions for FIFA to respect his rights, a Rio de Janeiro court acknowledged his patent in 44 countries. The court ordered FIFA to stop using the spray in any of its competitions or risk a fine of $15,000 per game. FIFA said it couldn’t comment on the case because the dispute was continuing. The ruling can be appealed, though FIFA, has spent more than $100 million in legal fees since U.S. authorities in 2015 unsealed an indictment that accused several senior officials of corruption.
Allemagne’s beloved spray is patented under the name 9.15 Fair Play Limit. South American leagues used it extensively before FIFA used it at the 2014 World Cup. Now referees commonly detach the can from hip holsters and spray lines near the sites of fouls.
Initially, FIFA tried to do right by Allemagne. Documents and emails seen by The New York Times show FIFA offered $500,000 to buy the patent. That deal didn’t go through, but the foam company, which is based in Rio, provided about 300 canisters free. The company’s logo was concealed because of FIFA’s strict commercial policy.
FIFA’s former secretary-general, Jerome Valcke, wrote as much in a letter addressed to Allemagne and the company’s co-owner, Pablo Silva, in September 2014, telling the pair that its use at the World Cup was a “great success for all the stakeholders involved and has cer- tainly added to the fair play aspect of our game.” He added that FIFA was not willing to buy the patent, an apparent U-turn from its position in January the same year.
Allemagne said he hoped new FIFA President Gianni Infantino would act in better faith than his predecessor. “It was a chance for him to show whether he was a great man or just mediocre like the pirates of the past,” Allemagne said. Allemagne said he wanted greater recognition from FIFA after somehow spending 15 years developing the waterbased spray. He also wants the Rio court to award him $100 million in damages.
FIFA has essentially told Allemagne to pound sand.
Before this week’s verdict by Judge Ricardo Lafayette Campos, FIFA’s lawyers wrote to Allemagne’s lawyers, stating the organization “has no more patience in this matter.” The law firm said there was no proof of patents and FIFA wouldn’t engage in any settlement negotiations.
The Brazilian judge this week wrote that the existence of patents was beyond doubt.
ALLEMAGNE’S BELOVED SPRAY IS PATENTED UNDER THE NAME 9.15 FAIR PLAY LIMIT. SOUTH AMERICAN LEAGUES USED IT EXTENSIVELY BEFORE FIFA USED IT AT THE 2014 WORLD CUP.