Free-riding on World Championship Football

Can you free-ride on the wave of publicity surrounding the World Cup as a company? In principle you can, as long as this is not in conflict with any statutory regulations and no third party’s rights are infringed upon. But, taking into account the large financial interests, FIFA is doing everything possible to keep the goodwill of the World Cup exclusively for its sponsors. That is why FIFA has again registered a huge number of new trademarks (including RUSSIA 2018) and designs. Better not use these (nor variations on them) and do not offer tickets.

In addition to all this, once again special temporary laws have been passed in Russia to kill all forms of slipstream advertising in Russia. Merely suggesting being an associate of the event is considered an infringement. If your ad or campaign is also visible in Russia, check with a local lawyer if this is allowed. If the campaign is only visible in your home country, use neutral elements. For example, the color orange cannot be claimed by anyone, nor can words like 'football' or images of people playing football. But do keep in mind that FIFA defends their rights ever more aggressively, especially on social media. What used to be no problem, is often not allowed anymore.(Images: Tweet M&M’s after elimination of the Dutch team (use neutral elements) (source Twitter) and registered FIFA trademarks and designs Russia2018 (source EUIPO databases).

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IP quiz Trademarks

Puma is one of the bigger sports and lifestyle brands in the world. The core-business is the design, development and sale of (sports) shoes, (sports) clothing and accessories. In 1960, Puma registered an international trademark for a device designed in 1958: the formstrip. Since then, Puma has registered approximately 90 formstrip trademarks with validity in the Benelux or the European Union. Puma claims that this is a serial mark. Monshoe is a wholesaler of women's shoes and related products. The company designs and develops Monshoe shoes which it largely markets itself. Monshoe sells its women's shoes under the brands Shoecolate and Pearlz. The shoe Shoecolate is offered in various colour combinations. Puma claims that Monshoe infringes its well-known formstrip trademark. Monshoe contradicts this and states that the average consumer will not perceive the device of Monshoe on the sneakers as a trademark. And if the public will recognize a trademark in the decoration, it will not make the connection to Puma. According to Monshoe, the formstrip logo is not a well-known trademark within the meaning of the BVIE and the UMVo. There is no likelihood of confusion because the sign does not or hardly evoke any association with Puma among the public. In light of the above, who is right? Does this constitute decorative use or linking to a well-known trademark?