Index problems continue for Capello

Ben Rumsby,Press Association
Friday 23 July 2010 10:30 BST
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The Index has been highly embarressing
The Index has been highly embarressing (GETTY IMAGES)

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The nature of Fabio Capello's agreement with the creators of the Capello Index could determine whether he succeeds in forcing the removal of his name and image rights from the controversial website.

It is now almost a week since www.capelloindex.com went live, with the England manager insisting it had done so without his knowledge or approval.

Capello's representatives have been working since then to get any reference to the Italian's involvement in the venture removed from the site.

The Football Association had been confident this would be achieved by the end of Monday but the Index's creators have so far failed to comply.

It is unclear whether Capello is taking, or indeed is able to take, legal action over the matter, having originally agreed to lend his name to the venture.

But the success or failure of such action could come down to the precise wording of any contract he might have signed, according to an expert in intellectual property law.

Matthew Harris, partner at the London-based Waterfront Solicitors, told Press Association Sport: "What I don't know is the exact terms of the contract that was reached between him and the Index in the initial stages.

"That's going to be highly relevant here because if he has in any way authorised this and the agreement does not allow him to withdraw that authorisation, he will be in difficulty."

It could also take years for a court to decide whether Capello's name and image should be removed from the site.

The only way the England boss can guarantee any association between him and the site is expunged worldwide is to win a legal battle in its country of origin - his native Italy.

Although stressing any dispute between the parties could also be resolved in a matter of days, Harris said: "Historically, the Italian courts have been notorious for the slow way in which they have dealt with cases.

"The difficulty with that is that you could end up in litigation for many years.

"I'm told by Italian colleagues of mine things are a lot better today than they used to be.

"But they do not have a reputation of being as speedy as the UK courts in relation to these things."

The Capello Index was set up by the national team manager and business partner Chicco Merighi to publicly rank players' performances at the World Cup.

It was shelved until after the tournament amid fears it could create a rift between the Italian and his squad.

Upon their publication at the weekend, the rankings proved to be particularly critical of Capello's own players after their dismal displays in South Africa.

Although seemingly digging their heels in over removing all references to Capello, the site's creators this week deleted the ratings given to England's players and also published a disclaimer distancing Capello from direct involvement in any of the scores given.

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