The world association FIFA is due millions in compensation in the dispute over the rights to free kick spray. The Brazilian Federal Court of Justice STJ rejected a final FIFA appeal on Tuesday and, after seven years of disputes at all court levels, ruled in favor of the inventor Heine Allemagne. The exact amount of compensation payments is still being determined by the court.
In 2000, the Brazilian worked on a spray that would finally keep the free-kick wall at the correct distance, could be used in all weather and surface conditions, but would dissolve again after just a short time. FIFA first used the patented invention at the 2013 Club World Cup, won by Bayern Munich, and then at the World Cup a year later.
According to the businessman from Minas Gerais, FIFA promised him $40 million to acquire all rights to the marking spray. After the change of power from Sepp Blatter to Gianni Infantino, the world association wanted nothing more to do with it and released the spray for worldwide production and marketing without the consent of Heine, who had secured the patent rights in many countries including Germany.
According to the Federal Court, FIFA thereby deprived the Brazilian of the opportunity to earn money from his product. In addition, he received false promises, so that the world association violated good faith. “It’s a story of David versus Goliath. FIFA is a giant, it’s been a good 23 years full of battles,” Heine cheered after the verdict was announced.
Interestingly, FIFA initiated another lawsuit at the same time to have Heine’s patent revoked and thus deprive the entire process of its legality. Here, too, the world association suffered a defeat in the first instance before a court in Rio de Janeiro in March.
