Points to remember when using FIFA IP in marketing materials

As the world prepares for FIFA’s biggest event, there are some key intellectual property points to keep in mind when preparing coverage, promotions or marketing campaigns around the global championship.

Many of these rules are similar to what you’ve likely seen with IP related to the Olympics and the Super Bowl. 

In general, there are more restrictions on using protected IP in marketing or advertising than in news reporting.

For example, creating a promo for your station’s contest linked to the World Cup would likely fall under stricter rules since you’re using FIFA IP in a commercial sense. Conversely, using IP in a newscast report about a recent game would generally face far fewer legal restrictions.

Some of the protected imagery and names include:

• The name “World Cup” (as well as variations with “Men’s” or “Women’s” added)
• The name “FIFA”
• The name “FIFA World Cup” and its “2026” and “26” variations, including the “Copa Mundial de la FIFA” Spanish version
• The FIFA World Cup Trophy
• The official emblem with the stacked “26” and trophy and FIFA wordmark in the middle
• The official wordmarks spelling out “FIFA World Cup” and “FIFA World Cup 26”
• The official slogans and their wordmarks: “We are 26,” Spanish version”So mos 26″ and French version “Nous Sommes 26.”
• The host city logos, which generally use the emblem along with a city or region name below
• The host city slogans and slogan logos which add “We are,” “So mos” or “Nous Sommes” ahead of the city or regional name (such as “We are Toronto”)
• The mascots’ names and imagery: Maple the Moose, Zayu the Jaguar and Clutch the Bald Eagle
• The official posters
• The official bespoke typeface “FWC 26”
• Phrases such as “Team USA” can be problematic if they are trademarked either by a FIFA-affiliated organization or another sporting organization

Some possible alternatives:

• Generic sports names “soccer,” “fútbol” or “football”
• Generic term like “world’s biggest football tournament”
• Generic terms such as “tournament,” “championship,” “match” or “global championship” (using “global” instead of “world” helps differentiate the phrase from “World Cup”)
• Generic terms such as “Game Day” or “Match Day”
• Generic terms such as “the U.S. team” or “U.S. players” (note that using “U.S.” instead of “USA” helps differentiate from “Team USA” further)
• Using a generic image of a trophy that looks different from the official trophy
• Using a the colors from a country’s flag, which generally can’t be claimed as IP, or a separate palette altogether that is significantly different from the FIFA look

Stations affiliated with Fox and Telemundo, which are official rights-holding broadcasters, have a different set of rules. They are generally more flexible in using FIFA IP, though there are still restrictions. It’s also worth noting that even though Telemundo is part of NBCUniversal, this does not necessarily mean the same rules apply to NBC affiliates.

When in doubt, these stations should refer to any brand guidelines they’ve been provided by FIFA.

Advertisement

Bona fide news reporting is generally free to use FIFA trademarks within the context of delivering news.

For example, a package, voiceover or digital story could still refer to the “FIFA World Cup” and similar terms in copy. Of course, it’s still important to use variations of the official names to avoid making copy sound repetitious or too much like a press release.

Using phrases such as “World Cup” in news headlines is generally safe.

ESPN’s website uses a generic soccer ball image instead of any FIFA imagery alongside a reference to the ‘Men’s World Cup’

In general, news sites may have flexiblity when using protected phrases such as “World Cup” as, for example, a category or tag name in website navigation or headings. Using FIFA logos to label coverage, however, could be problematic, so using an alternate is a good idea if possible.

NBC News uses the name ‘World Cup’ in its main navigation as part of a trending topics menu.

While news reporting can also be exempt from copyright and trademark rules regarding logos and imagery of protected elements, organizations such as FIFA and the International Olympic Committee are known for being highly protective of their IP. 

One potential issue is that using logos can create the impression that a site has an official partnership with FIFA. Since companies pay millions of dollars to be official partners, FIFA is likely eager to protect this. Using the World Cup logo in a stinger or within website coverage, for example, could suggest that your news organization is an official partner. 

While these instances can blur lines, it’s often better to consider if using something safer is a better route. In this example, using “World Cup” spelled out in your normal graphics package font (or one that looks significantly different from anything FIFA uses) could be a better option. It’s also worth noting that omitting “FIFA” or even references to “2026” can create further separation (and most consumers are likely to assume that you’re covering FIFA’s current tournament even without those references included).

That said, there are cases where you are likely safer using FIFA’s IP. A story covering the mascots, for example, would be difficult to tell without showing the illustrations created by FIFA. Even though these images are protected under IP laws, a use like this would most likely fall under the fair use exception for news coverage. 

There has also been a trend in replacing one or more characters within a trademarked name with a symbol or alternative glyph, such as “WØrld Cup,” seemingly as a way to modify the original phrase, but in general this can be a risky move since such a simple stylistic modification may not be enough to avoid confusion among the average consumer, which is generally the standard in deciding IP infringement. 

Ultimately, when in doubt, it’s always best to consult with legal counsel.

This article is intended as informational only and should not be considered legal advice. 

Advertisement