Anyone but England

Did you know that a billion people will tune in to watch the first game of the World Cup in South Africa this year?  The 2002 World Cup in South Korea and Japan and had a total of 28.8 billion viewers, with each game generating around 450 million viewers each.  Compare that to the Super Bowl, which gets a measly 100 million, and its impact becomes clear.

South Africa and the Fédération Internationale de Football Association (FIFA) have to spend billions of dollars to host the event.  The only way FIFA will see a return on investment is if it sells promotion rights to companies that want to market their products to the World Cup audience.  For example, Coca Cola has purchased promotion rights and will be running advertisements during the games.  And, of course, the sponsors clamor for and insist upon exclusivity in their category.

According to FIFA:

FIFA rights holders will only invest in the 2010 FIFA World Cup if they are provided with…exclusivity for the use of the marks.  If anyone could use the official marks for free and create an association with the 2010 FIFA World Cup, there would be no reason to become a FIFA rights holder.

FIFA means business.  It has filed a number of lawsuits already.  The most publicized is Metcash.  Metcash is a large wholesaler and retailer of fast-moving consumer goods.  The company released a line of lollipops adorned with the South African flag and pictures of soccer balls.  FIFA sued and won.

To help guide the public, FIFA has released this Public Information Sheet, which outlines what companies can and can’t do.  However, it isn’t a legal document, and companies may feel they have been left in murky water and should consult an IP attorney.  Legal advice becomes especially important, as FIFA is not shy in suing companies that appear to be abiding by the book.  According to the World Intellectual Property Review:

FIFA has been rather heavy-handed in its approach towards businesses that merely wish to benefit, in a legitimate manner and without using the FIFA trademarks, from the event.

I’m guessing they haven’t yet seen these catchy t-shirts that are selling off the shelves in Scotland.

Amanda Mooney

amanda@goodmanmooney.com