The Clube de Regatas do Flamengo started a lawsuit against the TV station Rede Globo because it was using its fantasy game Cartola FC for its own benefit, making money from the brand, according to the club’s allegations.
Flamengo claims that the broadcaster profits through the game Cartola FC, improperly using the club’s image. The club has been trying since 2020 for the broadcaster to stop using its image to make money, removing all content related to Flamengo.
Cartola FC is a fantasy game created in 2004 and maintained by the Globo website and that became very popular among fans. It was used during the Brazilian Championship, being a “Footbaal Manager” style game, where the fan commands his own club, scales the players and coaches based on what happens in real life on the field.
The fact that subscriptions are charged for access, in the amount of R$ 54.90 per user, led Flamengo, owner of the biggest crowd in Brazil, to file a lawsuit, filed with the 5th Business Court of the District of Rio de Janeiro, against Grupo Globo.
In this lawsuit, Flamengo intends to obtain judicial protection to “(i) order the defendant to refrain from improperly using its brand and symbols in the Cartola electronic game, (ii) order the defendant to pay compensation due to the violation of trademark law , or, alternatively, (iii) promote the review of the contract to adjust the financial contribution due to Flamengo”, as the text of the lawsuit filed by the club says. As a result, they ask for the game to be withdrawn from the air.
Globo’s lawyers claim that the game was framed as a promotional action for the Brazilian Championship, claiming in their defense, which would include the contract signed with all Serie A clubs.
Flamengo in its statement says:
Flamengo’s lawsuit against Globo is filed with the 5th Business Court of the Capital District. To support the process, the club gathered data that demonstrate the station’s high revenue with Cartola FC.
The sources of own revenue, either with subscriptions or with the exploitation of advertising spaces in the virtual environment, in view of the users’ engagement with the game itself, make the business model highly profitable.
Cartola generates millionaire revenues for Grupo Globo, not only through sponsorships, exploitation of advertising spaces and downloads, but also due to the collection of access subscriptions, in the amount of R$ 54.90 (fifty-four reais and ninety cents) ), per user, for the Cartola PRO version – game mode with more features, with the free version (Cartola FC) being attractive for the paid version.
Flamengo understands that, for the “misuse of the Flamengo brand and symbols”, it must charge compensation in an amount corresponding to Globo’s profits in relation to Cartola FC.
Not to mention the advertising spaces, the club highlights what Globo charges per month from users who use the “Cartola PRO” version.
Thus, the club demands that the broadcaster immediately stop using the Flamengo brand and symbols in the Cartola FC game.
Therefore, the club also understands that the Justice must determine the “revision of the contract to rebalance the value of the consideration owed by the defendant, determining in the settlement of the sentence the market value for licensing the use of the author’s trademarks and symbols for the realization of of business along the lines of the game”, according to club sources.
