WORLD CUP 2018: ADVERTISING AND MARKETING RESTRICTIONS. FIFA Official Marks. (at all times) RESTRICTIONS. Advertising locations (during competitions)

Transcription

1 Legal Update # 639, 20 June 2018 WORLD CUP 2018: ADVERTISING AND MARKETING RESTRICTIONS This compilation draws on legal acts in place on 29 May Bryan Cave Leighton Paisner (Russia) LLP advises that the Russia World Cup 2018 FIFA Law 1 and other legal acts set a number of advertising and marketing restrictions that might affect any company. The restrictions currently in effect apply to: 1 FIFA Official Marks 6 Tickets 2 Ambush marketing RESTRICTIONS 5 Public viewing events 4 Advertising locations (during competitions) 3 Trade venues (during competitions) 1 Federal Law No. 108-FZ On Preparing for and Holding the 2018 FIFA World Cup and 2017 FIFA Confederations Cup in the Russian Federation and Amendments to Individual Legislative Acts of the Russian Federation /01

2 1. No use of FIFA Official Marks without FIFA consent Article 19 of the FIFA Law prohibits use of FIFA Official Marks without prior authorisation by FIFA. Such Official Marks include: TYPE EXAMPLE Word Marks Russia 2018 World Cup Mundial their derivatives and designations similar thereto used together with the word football or otherwise associated with football as a sport and/or with [FIFA] events FIFA Trade Marks Host City , such as: FIFA Typeface Russian Composition The FIFA Guidelines for the use of FIFA Official Marks 2 provide many examples of both legitimate and prohibited use of its Official Marks. 2 /02

3 2. No ambush marketing (creating a false association with FIFA or World Cup 2018) The FIFA Law prohibits creating any false association with FIFA or World Cup 2018 (so-called ambush marketing). Clauses 1(3) and 1(5), Article 20 of the Law prescribe that FIFA s consent must be obtained for: any marketing intended to shape consumers impression of FIFA or FIFA events; preparation or holding, for commercial purposes, of mass events creating the undue impression of being FIFA events. It is quite difficult to come up with a one-size-fits-all qualifier for ambush marketing, since each event is unique. We provide below two examples of marketing materials distributed during previous major football tournaments in other countries that came under ambush marketing review: DESCRIPTION ADVERTISING CONSIDERED A VIOLATION Airline advertising 2010 World Cup (South Africa) Ad slogan: Unofficial National Carrier of the You-Know-What» NOT CONSIDERED A VIOLATION Washing powder advertising UEFA Euro 2008 (Austria and Switzerland) Ad slogan: Fans never fade /03

4 3. Trade venue restrictions FIFA s written consent must be obtained to trade at the following locations on competition days (Article 18 of the FIFA Law): at the stadiums; within a 2 km radius of the stadiums; at event venues (an event means sport competitions and activities relating to their preparation and holding in Russia, arranged or approved by FIFA, the Russian Football Union or the Russia-2018 Organising Committee (Clause 12, Article 2 of the FIFA Law). 4. Advertising is banned at certain locations Article 18 of the FIFA Law prohibits advertising: at event venues; within a 2 km radius of the external boundaries of competition venues; in the airspace above such venues. Advertising by companies other than FIFA sponsors or partners is also restricted along protocol routes (roads linking the infrastructure facilities). 5. Licences are required for certain public viewing events A public viewing event is broadcast coverage of a competition and its viewing by an audience at any place other than a private dwelling. The FIFA Regulations for public viewing events are available online 3. A FIFA licence may be required, depending on the public viewing event category: EVENT Commercial public viewing event (FIFA LICENCE REQUIRED) DESCRIPTION The event is arranged for commercial purposes, for example: a direct or indirect admission fee is charged for entry to the viewing event; commercial benefit is gained in any other way from staging the viewing event. Non-commercial public viewing event (NO FIFA LICENCE REQUIRED) An event is considered a non-commercial viewing event if two conditions are met: 1) the organiser gains no commercial benefit from holding the event; 2) there are a maximum of 5,000 spectators. Public viewing events at commercial establishments, such as pubs, clubs and bars, are still considered non-commercial public viewing events unless additional commercial activities take place (other than those performed by such an establishment in its ordinary course of business). 3 /04

5 6. Ticketing restrictions Tickets to FIFA competitions or other events or documents entitling their holders to obtain an entry ticket may not be used for advertising purposes (including as campaign or draw prizes) without FIFA permission (Article 20 of the FIFA Law). Contacts ELENA TRUSOVA Partner, Dispute Resolution/ Intellectual Property Practice Tel.: EVGENY ORESHIN Counsel, Dispute Resolution/ Intellectual Property Practice Tel.: /04