Ambush Marketing: The Legal Risk Behind a World Cup Campaign

Marcela Canjura and Valeria Ramos at ARIAS El Salvador, experts in Intellectual Property, present this article on how many trademarks seek to associate with the World Cup without being official sponsors, using ambush marketing, a strategy that can carry legal risks. The article highlights FIFA’s strict protection of the tournament’s symbols and the need to develop campaigns that stay within the legal framework. 

Intellectual property plays a crucial role in generating commercial value, and the FIFA World Cup, held every four years, is no exception. As the most-watched sporting event worldwide, the World Cup represents a key opportunity for both national and international companies and their trademarks, given the extensive exposure and recognition involved. 

FIFA and its official World Cup sponsors implement robust intellectual property strategies to protect and enforce their rights against the various legal challenges posed by unauthorized use of distinctive signs related to the tournament. 

In El Salvador, the excitement for the World Cup is already building, with many companies considering advertising or promotional campaigns linked to this theme. However, it is essential to recognize that using elements related to the World Cup entails certain legal restrictions that must not be overlooked. 

FIFA rigorously protects its intellectual property rights. Its extensive portfolio includes logos, slogans, mascot designs, trophies, and word combinations connected to the event and its host cities, such as "World Cup,” "FIFA World Cup,” "USA 2026,” "Somos 26,” and "Somos MIAMI,” among others. Protection covers various classes under the Nice Classification, ranging from products like clothing, footwear, and food, to services such as entertainment, sports event organization, and telecommunications. 

For companies in El Salvador planning commercial campaigns related to the World Cup, FIFA’s strict protection measures are particularly relevant. Traditionally, mass consumer sectors such as food, beverages, and entertainment have driven these campaigns. However, with the rise of social media and modern marketing techniques, many other industries—including finance, retail, technology, fashion, tourism, and airlines—are eager to join this global football celebration that captivates the world every four years. 

While it is possible to engage with the World Cup conversation, it is crucial to avoid using elements that could imply an unauthorized commercial association with FIFA. Although the term "World Cup” may have broader meanings, its direct or indirect use linked to this event can constitute trademark infringement. Common examples include packaging featuring official balls or mascots, promotions offering prizes connected to the tournament—such as ticket raffles—and even the use of phrases like "Experience the thrill of the World Cup” or social media posts suggesting sponsorship. These practices fall under what is known as ambush marketing. 

Official World Cup sponsorship is organized into tiers, each granting specific rights according to the sponsor’s category: FIFA Partners, World Cup Sponsors, and Regional Supporters. Generally, these sponsors enjoy benefits including the right to associate with the event, authorized use of official logos, launching associated campaigns and promotions, exclusivity within their commercial category, brand exposure during official broadcasts and tournament venues, and the right to license official products, among others. These carefully negotiated and hierarchically structured rights require rigorous protection to safeguard the investment’s value and maintain the integrity of the World Cup’s commercial ecosystem. 

Ambush marketing, also known as parasitic or ambush advertising, is a strategy by which a brand attempts to link itself to a high-profile event to reap associated benefits without holding official rights. 

There are two types of ambush marketing: direct and indirect. Direct ambush marketing occurs when an advertiser uses the events or its sponsors’ registered trademarks without authorization, aiming to create a false impression of an official association. Indirect ambush marketing involves advertising strategies that capitalize on the event’s attention without using protected trademarks or claiming formal affiliation with the event or its sponsors. 

One of the most notable cases of ambush marketing took place during the 2010 World Cup in South Africa, when a group of women attended a match wearing orange dresses associated with the Bavaria beer brand. Although no visible logos were displayed, this was interpreted as a covert promotional strategy that undermined the official sponsor, Budweiser. The women were removed from the stadium, and legal actions were initiated, sparking an international debate over the limits of marketing and the protection of exclusive sponsorship rights. 

In response, organizations like FIFA have developed strict regulations and robust legal frameworks to protect their official sponsors and prevent unauthorized use of their distinctive signs. 

Given these considerations, football-themed marketing must be handled with caution. While the sport itself is free for public use, official tournament assets and the associated prestige are not. Developing effective marketing strategies in advance, reviewed from the perspective of protecting third-party intellectual property rights, can help avoid legal issues and trademark infringements. 

At ARIAS, we recommend reviewing any advertising or promotional campaign referencing the World Cup in advance. We can assist in interpreting FIFA’s official guidelines and evaluating proposed materials to ensure compliance and minimize risks. Creativity and the passion of sport can be powerful brand allies, provided they remain within legal boundaries. 

We are available to support you throughout this process and ensure that your enthusiasm for football does not inadvertently result in legal violations. 

The information provided by ARIAS® is presented for informational purposes only. This information is not legal advice and is not intended to create, and does not constitute, an attorney-client relationship. Readers should not act upon this information without seeking advice from professional advisers.