We want to run a marketing campaign to coincide with the World Cup. Are there any rules about how we do this?

The World Cup organiser FIFA has registered a number of trademarks in the UK and EU, including FIFA World Cup, World Cup 2010, Football World Cup, South Africa 2010 and World Cup (for clothing). The marks have been registered for a number of years, some in the late 1990s, others since the early 2000s.

Fiona McBride, head of trademarks at law firm Withers & Rogers, advises that any use of these terms in marketing and communications (other than to advertise the actual event), which might lead the public to assume an association or connection with FIFA, would be deemed an infringement.

Similarly, reproducing these trademarks on merchandise such as scarves, cups, T-shirts, etc, would be an infringement.

So to stay on the safe side, retailers will need to be very careful about running anything beyond generic football promotions.

McBride says: “The use of FIFA’s World Cup branding is strictly prohibited, and businesses can enter dangerous waters if they attempt to refer to it in their marketing or communications materials.

She adds: “Businesses that illicitly use the World Cup trademark to facilitate their marketing activity may be sued for trademark infringement and be liable for any damages. Injunctions may be put in place to block that business from using the trademark in the future.”

Sporting events are often used in marketing, but if in any doubt, businesses should steer clear.

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