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The 2010 World Cup begins
in South Africa on Friday, June 11. At least two games will be played
every day for the first two weeks and the final will be held in Johannesburg
on July 11, 2010. The Fédération
Internationale de Football Association (“FIFA”) is extremely diligent in
protecting its trademarks and copyrights associated with the World Cup.
Consequently, stations should be careful not to use any materials that could
infringe on these property rights, as outlined in the following general
guidelines. Use
of FIFA Trademarks in Marketing FIFA
controls marketing rights with respect to official World Cup emblems, marks,
slogans, mascots and terminology. FIFA uses its protected marks for
revenue-raising purposes and reserves the commercial use of these marks
exclusively to FIFA’s commercial affiliates, official sponsors, suppliers,
and licensees who have made significant contributions to FIFA programs and
events. To preserve the value of these marks, FIFA vigorously protects
and enforces its rights. Attempting
to form an association with the World Cup in the minds of consumers by using
promotions and advertisements designed to create the appearance of a
relationship between the station and/or station clients and the World Cup,
also known as “ambush marketing,” is a risky practice. FIFA and its
official sponsors may have legal claims for trademark infringement, unfair
competition, false advertising and misappropriation of goodwill against all
parties, including your station, which infringe these sponsorship
rights. Although the use of a disclaimer, such as “not an official
sponsor of the World Cup” may protect the potential infringer to a certain
extent, use of such disclaimers is not fail-safe, and may in some cases
backfire. Under
federal law, FIFA has the exclusive right to control the marketing of the
2010 World Cup, including the phrases “World Cup,” “FIFA World Cup,” “2010
FIFA World Cup,” “2010 FIFA World Cup South Africa,” “FIFA,” as well as
numerous other World Cup-related designations, including the official
tournament emblem, official tournament poster, and official tournament mascot
“Zakumi.” Trademarks relating specifically to the 2010 World Cup, such
as “South Africa 2010,” “SA 2010,” and “Ke Nako – Celebrate Africa’s
Humanity,” are also protected trademarks. Other FIFA marks
include: “Fan Fest,” “Soccer World Cup,” and “Mundial 2010” (“Mundial”
is Spanish for World Cup or worldwide). Unlicensed use of such
trademarks for any purpose, including the sale or promotion of any products
or services, for the purpose of trade or to induce the sale of any goods or
services, is unlawful. Without the permission of FIFA, you may not use
these protected words or slogans (or related logos or designs) in marketing
or promotions on your station(s) or your station website(s). You
may not say or print:
You
may say or print:
Unauthorized
Distribution of World Cup Tickets FIFA
and its authorized agents are the only legal sources for the distribution of
World Cup tickets. In the purchase of World Cup tickets, the purchaser
agrees to all terms and conditions on the ticket request form, which includes
a prohibition on reselling or transferring the tickets. Furthermore,
tickets generally may not be used for advertising or promotional purposes
unless specifically authorized by or on behalf of FIFA. In light of these
terms and conditions, a station cannot conduct a promotion in which trips
and/or tickets to the World Cup are awarded, even if the tickets were validly
purchased by the station. News
Reporting on World Cup Games FIFA
also holds property rights in the accounts and descriptions of the World Cup
and sells the television and radio rights for the games. As a result of
the scope of its rights in this area, FIFA can validly control the use of
information relating to the games for a reasonable period of time following
the conclusion of each game. In addition, tickets to World Cup games
likely include a restriction which prohibits persons located within the
stadium from disseminating accounts of the game to the media without
authorized press credentials. Unless your station has applied for and
obtained press credentials, it is not permitted to report on the World Cup
from the venue while the event is on-going. When a game has concluded,
it is permissible to report the “news” of that game, i.e., the winner
and score of the game. Courts
have held that the copyright owner of a telecast – in this case FIFA and its
licensees – has a right to charge a fee for the use of highlights.
Therefore, your station needs to obtain consent from FIFA or the appropriate
rights holder before using highlights of any of the games in station
newscasts. The limited case law in this area indicates that the First
Amendment may allow the media to report news on athletic events, such as the
winner and score of the game, shortly after it is over. However, the
First Amendment does not likely protect a station which broadcasts, prior to
the conclusion of a game, footage or accounts of an event in violation of
licensed rights to the event. Should
you have any questions regarding the legality of broadcasts or marketing
promotions relating to the World Cup, we encourage you to review the FIFA
Rights Protection Program Brochure or contact our office. June 8, 2010 |
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This memorandum is intended only as a general discussion of these issues and should not be regarded as legal advice. We would be pleased to provide additional details or advice about specific situations if desired. Copyright © 2010, Lerman Senter PLLC 2000 K Street NW,
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