Qatar 2022: Why Malaysian brands should learn FIFA's brand protection measures for higher profit
KUALA LUMPUR, Dec 9 — The FIFA World Cup Qatar 2022 is in full swing.
The four-week international football tournament is expected to be watched by five billion people across the globe.
Apart from being the most sought-after event for football enthusiasts, FIFA World Cup has become the most strategic avenue for brands that can afford to bask in the lucrative opportunities an event like this can bring.
For the organiser, there is an abundance of fortune to benefit from everything surrounding the tournament.
The major revenue streams are not only from ticket sales, but also include television, licensing and marketing rights.
Overall, these revenue streams bagged in over US$6.4 billion (RM28.8 billion) for the 2018 World Cup.
This year, FIFA aims to double down on its profit machine.
Achieving that, however, isn’t an easy feat without proper brand protection and cyber security measures in place.
Brands and licensees pay FIFA whopping amounts of money to be featured across the event’s marketing and advertising avenue, therefore, it’s the organiser’s rights and responsibility to ensure no freeloaders can profit off the World Cup.
How does FIFA protect its brand?
FIFA has a stringent system that emphasises pre-emptive and educational measures to avoid any infringement issues.
According to its brand protection policy, FIFA safeguards everything related to the tournament brand assets including the official emblem, look, titles, words, symbols, mascots, slogans, posters and other identifiers which it uses or allows others to use under license.
The organisation’s intellectual property (IP) will then be protected in territories around the world by copyright, trademark and other forms of IP and laws such as unfair competition, passing off and any other relevant legislation.
FIFA prohibits certain marketing activities to ensure its brands and the exclusive rights of its sponsors are protected.
The organisation has listed ambush marketing as its top prohibited marketing activity to stop those who try to take advantage of the huge interest by creating promotional exposure without the organiser’s consent.
Such activities may occur when a brand tries to directly or indirectly link itself to the event using the tournament designations or using imagery or textual reference to establish a link to the event.
It also has a list of other tricks that opportunistic and creative advertisers use to attempt to exploit major events to their advantage.
What’s the solution?
Such wiles aren’t new and are not limited to just the World Cup.
In fact, the tricks just get more creative to circumvent brand protection measures in any event across the world.
And Malaysian brands are not spared too.
To avoid such issues, a clear understanding of IP rights is needed among brand owners.
It is vital to understand the IP protection law and the legal basis for protection and enforcement to combat any events of brand infringement.
In Malaysia, experts from leading IP protection firm Henry Goh & Co said direct ambush marketing is rare here since it would take a very bold and reckless IP infringer to play with fire and make direct use of the event’s trademark, copyright or industrial design.
“Well-known trademarks are explicitly protected by the Trademarks Act 2019 in Malaysia.
“It is more likely that indirect piggyback marketing tactics are employed where brand owners can still capitalise on the buzz of a major event without making a false IP affiliation claim or paying the organiser a sponsorship fee.”
The experts said many sporting elements have IP residing in them and can be protected through trademark, copyright, industrial designs and patent laws.
Surf over here to learn more about IP protection law.
