FIFA World Cup 2022: How Brands Can Avoid Being Caught Offside

The FIFA World Cup is the largest and most spectated sporting event in the world. This prestigious tournament attracts billions of viewers every four years, with its 22nd edition coming from the small Gulf nation of Qatar. Their bid to host the tournament is a controversial topic within itself, however, with kick off fast approaching – it is important that we consider some of the commercial and legal implications that surround such an enormous global spectacle. The most relevant and pressing issues being opportunistic advertising and the protection of intellectual property (IP) rights.

As brands begin to roll out their World Cup marketing campaigns and promotions, it is crucial that they are aware of the laws that have been introduced to bolster the protection of IP gearing up to the tournament. In particular, Qatar’s Law No. 10 of 2021 on Measures for Hosting the FIFA World Cup Qatar 2022 (Qatar World Cup Law). The Qatar World Cup Law provides robust measures to prevent brands from associating themselves with the tournament by way of misleading advertising practices. Businesses must also be mindful of the FIFA Intellectual Property Guidelines (FIFA IP Guidelines) and the FIFA Media and Marketing Regulations. Under the FIFA IP Guidelines, businesses without adequate permission are prohibited from using their official trademarks, copyright, logos, emblem, mascot or any other neighbouring rights afforded to them.

Opportunistic and reactive advertising is common on social media sites such as Twitter, with brands rushing to associate themselves with trending topics. Most of this advertising will be done in a humorous manner, however, brands must ensure that they do not fall foul of the abovementioned laws. It is also important to consider some of the cultural sensitivities that apply, including content that may be deemed religious, insensitive or political in nature, and/or feature elements of gambling or alcohol consumption.

Notwithstanding the above, it is essential to note that FIFA are tackling brands that choose to create an undue commercial association with their IP. The FIFA IP Guidelines encourages businesses to use generic football and country-related imagery and terminology, so far as they do not imply or mislead people into thinking that there is a connection between their brand and the tournament. It is therefore acceptable to engage with the festivities surrounding this event, if done correctly. Although we understand that Twitter accounts and marketing teams are often at their most inspired when reacting to topical events; brands must ensure that they are not caught offside.

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Email: jerome.compson@hassans.gi