The T&T senior national football team will head into the final round of the World Cup qualifiers or possibly the FIFA World Cup next year with a new name.
Known as ‘The Soca Warriors’ around the world for the last 27 years, the T&T Football Association was forced to seek a name change due to a breakdown in negotiations with veteran sports commentator Selwyn Melville, who owns the Intellectual Property (IP) trademark and is credited with coining the phrase ‘Soca Warriors’ in 1998.
Melville filed a legal suit for the use of the ‘Soca Warriors’ name after he rejected the football association’s offer of between TT$1.5 to and $2 million for the right to the name. He described the TTFA offer via a Zoom call in May as ridiculous, and even jokingly said his legal representative said, ‘that amount cannot even buy a Tiida car.’
Melville told Guardian Media Sports on Thursday that he wanted a five-year deal, but he refused to divulge the amount involved.
Information reaching Guardian Media was that Melville’s asking price was a hefty $15 million over a five years, while also limiting the TTFA’s use of the name.
According to the source close to the negotiations, the use of the name by the TTFA was limited only to branding and the naming of the team. Following a failed attempt at a sale of the trademark to the TTFA for US$30 million in 2017, Melville has since moved on to receive the trademark certificate for the term Soca Warriors in 2022.
In 1998, Melville coined the nickname Soca Warriors’ while covering a TT men’s team encounter against El Salvador in the United States. The team was also called Soca Warriors during their successful 2006 FIFA World Cup qualifying campaign, while soca artiste Maximus Dan (now MX Prime) released a song called Fighter, that was dedicated to the squad.
When contacted, Melville said he was asked to give up his rights, though there are legal implications that the TTFA and the country are unaware of. They made an approach to me about something, and I didn’t give them a positive answer on that because it was ridiculous. I was supposed to give up my trademark to please other people, and they gave me a price to go home with. But you work hard to have your trademark, and everything done, and you cannot sell a trademark, you cannot, so it’s now an opportunity for them, if they’re interested, to sit down and negotiate,” Melville said on Thursday.
“We had discussions on that already, but like they decided ‘this is what we want’, and without saying much to me, they gave me an order ‘this is what we want’ and you have nothing to do with the name again. Well, I can’t sell a trademark. I think what people didn’t do was sit down and go through legal situations and understand what the implications are.”
“ Even the radio stations and them now, they don’t control the trademark. They have a license to use the name, and that’s what the football people don’t understand. This is not about me, but about the laws, so whatever you sit down and think for yourself, you have to sit down and think about what the legal implications are in the country.”
This development brings an end to more than two decades of using a name that the T&T football team has been branded by. Former Soca Warriors goalkeeper Kelvin Jack, upon hearing the development, described it as sad and nonsensical.
Jack said he didn’t expect the name change to affect the performance of the team ahead of the final round of qualifiers but said it would affect the tradition, saying, “ The Soca Warriors is known all over the world, that’s our name.”
On Wednesday, the TTFA began a rebranding process by which the public and other corporate citizens are being solicited to come up with names to call the T&T football team. According to the TTFA source, names such as Red Army, Calypso Kings and Carnival Kings have been suggested, but they will await more names over the coming week.
It is understood that within the next two weeks, a new name will be announced.
A Senior Lecturer of the Faculty of Law at the University of the West Indies, Dr Justin Koo, who has been following the development, said yesterday, “It is very important to see what the trademark is registered for because that dictates what rights he has. A quick trademark lesson here, trademarks are only valid for goods and services for which the mark is registered. So he has registered it for several goods and services, but the most important one here is under Class 25, where he has it for t-shirts and polo shirts. He also has it under a number of categories.”
“So, I think it really depends on what the TTFA wants to use the name for, because one of the big gaps he has is that under Class 41, which is for things like sporting activities and cultural events and things like that, he does not have sporting activities as part of the registration. What he has under 41 is scuba diving.”
“So, the broad question here is what the TTFA is going to do with the trademark is going to be the issue. So, if they want to refer to the team as Soca Warriors, the trademark that Melville has does not stop the TTFA from descriptively referring to the team as Soca Warriors, and it does not stop anyone in the public from referring to the team as Soca Warriors, because it is for descriptive use.”
