As brands look to tap into World Cup excitement, they must avoid IP and advertising issues in their marketing campaigns. Read on to understand the practical pitfalls and key legal issues.
The 2026 FIFA World Cup, kicking off in just a few weeks’ time, presents an opportunity for businesses to engage with tournament fever and launch football themed marketing campaigns in the run up to and during the tournament. With matches split across the United States, Canada and Mexico, and an expanded 48‑team format, the 2026 tournament will reach unprecedented global audiences and the scale of the potential commercial outreach for brands is, therefore, bigger than ever.
However, marketing activities that create unauthorised commercial associations with the tournament, its organisers and/or participating teams and players can give rise to intellectual property (IP) infringement, ambush marketing issues and breaches of advertising rules.
Below, we highlight practical guidance and explore the underlying legal risks.
Avoiding marketing own goals: common pitfalls
FIFA, national federations, sponsors and other rights holders will carefully monitor marketing activity in the lead up to and during the World Cup to protect the value of the rights they hold. Some examples of common marketing pitfalls that are likely to attract enforcement action include:
- Social media and digital marketing: Any commercial use of registered words (e.g., “WORLD CUP 2026”, “THREE LIONS” ), team or tournament logos, images/footage from the tournament, and/or individual player image rights, will likely be seen as infringing use and/or breaching the advertising codes (subject to certain limited exceptions). This can even extend to business social media accounts incorporating official IP in hashtags (e.g. “#FIFAWORLDCUP2026”) to create an unauthorised commercial association between the business and the tournament.
- Websites, domains and apps: Using official tournament IP and terminology within domain names, app titles or similar website content frequently attracts enforcement action. Even “informational” tools (such as fixture trackers, score updates or quizzes) can be problematic if they risk creating any unauthorised commercial association.
- Merchandise: Incorporating any official tournament IP (or individual player image rights or national team rights) on or in relation to merchandise is reserved for official rights holders. This could include selling clothing, flags or toys which feature marks such as the world cup trophy, official slogans, player or team imagery.
- Competitions and prize draws: Promotions run by businesses offering match tickets, trips to host cities or tournament-themed prizes are high risk unless run directly in partnership with an official rights holder in an authorised manner.
- Onsite activities: Distributing promotional company materials (e.g. branded items) near stadiums or fan zones is likely to be seen as unlawful ambush marketing that could imply an official partnership. Host cities and venues often apply additional local regulations, with on-the-spot enforcement during the tournament.
- Data protection: Ensure any collection of personal data in respect of a promotion is processed in accordance with data privacy laws; information gathered must be used for the purpose that it was stated to be used for and not for another use. Where you have a privacy policy, review and update it to ensure compliance with recent UK data protection law updates that require a formal complaints procedure (see more information here).
There are, however, legitimate ways in which non-affiliated businesses can still take advantage of consumer behaviour trends around these sporting events and to engage with the tournament hype without committing “foul play” from an IP or advertising perspective. In particular:
- Ensuring that marketing campaigns are not presented in such a way so as to falsely imply official partnerships with, or endorsements by, tournament rights holders. For instance, the use of national flags and generic football or country-related images to promote product campaigns online or in stores, or using original film content in adverts of football fans celebrating together would generally fall on the right side of the line (depending on exactly how it is presented).
- Following the official IP guidelines published by FIFA and national federations (as referenced above). Whilst not a substitute for obtaining specific legal advice, this provides a high-level indication of the types of activities that will generally be permitted.
- If engaging influencers to post social media content around the World Cup, ensure that there are clear policies and guidelines in place in contractual agreements, as well as appropriate protections for the brand (e.g. clear termination rights and indemnities if the influencer posts content that breaches these restrictions and places the company in jeopardy of infringement).
- Training marketing teams on ambush marketing red flags and common pitfalls, like the use of third party trade marks or copyright content.
- Taking particular care in any campaigns that include sensitive content, such as the promotion of alcohol or the mockery of other teams/nations.
- Auditing planned marketing and promotional activity in advance by seeking legal advice in any relevant jurisdictions. For example, there are ways in which copyright material can be used in advertising for the purposes of parody, but this does not extend to making unauthorised use of third party trade marks or to otherwise imply any commercial association.
What is ambush marketing?
“Ambush marketing” broadly refers to campaigns that seek to benefit from the attention generated by a major event without obtaining a licence or otherwise paying for official rights. This activity can take many forms, and in the context of the World Cup this might include:
- Marketing activity that creates the impression of an official connection or partnership with the World Cup, with or without the use of official logos or other registered marks (often referred to as “ambush by association”).
- Unauthorised marketing activity within or around venues or fan zones, intended to gain brand exposure (such as intentionally placing large brand signage/advertising in shot of cameras and fans) – commonly known as “ambush by intrusion”.
- Opportunistic campaigns using football-related language, imagery or timing to imply a connection with the tournament indirectly.
While there is no single piece of UK legislation that governs ambush marketing, a combination of IP rights, contractual restrictions (e.g. ticketing/venue T&Cs) and advertising regulation can significantly restrict what non-affiliated third parties can lawfully do.
What IP rights are in play?
FIFA’s IP rights
FIFA takes a robust approach to protecting the value of its IP and commercial partnerships, and it has released official IP guidelines setting out its position on tournament related promotional campaigns in the lead up to and during the World Cup.
The portfolio of rights FIFA might use to restrict marketing activity connected with the World Cup includes:
- Registered trade marks, such as “WORLD CUP 2026”, “FOOTBALL WORLD CUP” and “FIFA WORLD CUP” word marks, the world cup trophy, official slogans, emblems and logos, and various other brand assets in connection with the tournament.
- Copyright works, such as tournament footage, graphics, official artwork, match schedules and even the official typeface in use for the tournament.
- Unregistered rights and goodwill protected by passing off and unfair competition laws.
- Commercial rights granted to official sponsors, broadcasters, licensees and suppliers.
These rights exist across multiple jurisdictions. Only officially appointed “FIFA Rights Holders” such as sponsors, media partners and licensees within FIFA’s global licensing programme are authorised by FIFA to use World Cup IP for commercial purposes.
National teams, players and federations
Similar considerations apply for national football associations, teams and players. For example:
- National associations typically own registered trade marks covering national team names, crests and mottos (e.g. The Football Association’s “THREE LIONS” trade mark, and England national team badge).
- Kits and designs may be protected by design rights, copyright and/or other IP rights.
- Individual players also have personal image rights and endorsement contracts to safeguard (with many footballers, including Cole Palmer as a recent example, registering trade marks to protect their name, image and likeness).
In light of the above, making unauthorised commercial use of these rights risks liability for trade mark infringement, copyright infringement and/or passing off (amongst other things). The fact that a business may be acting creatively, humorously or indirectly does not necessarily remove the risk of facing infringement action.
How do advertising rules fit in?
Even where a campaign manages to avoid IP infringement, it may still fall foul of the UK advertising codes (including the CAP and BCAP Codes). For example:
- Marketing that creates a false impression of endorsement, approval or affiliation with FIFA and/or a specific national team may be prohibited by ASA rules on Misleading Advertising.
- Advertising content that is intended as harmless, humorous content that mocks rival nations may be prohibited if it is likely to cause serious or widespread offence.
- Advertising campaigns involving alcohol will be prohibited if they: (i) encourage excessive drinking; (ii) suggest that alcohol can change moods or enhance confidence, mental or physical capabilities or performance, popularity or sporting achievements; or (iii) show alcohol being handled or served irresponsibly (Alcohol: General - ASA | CAP).
Failing to follow these rules can lead to sanctions and referrals to enforcement bodies such as Trading Standards and Ofcom.
Summary
Global sporting events such as the World Cup can deliver incredible commercial value for brands, and there are ways in which these brands can celebrate the tournament and ride the wave of the nation’s excitement without using protected IP or otherwise creating an unauthorised commercial association with the tournament or its teams. However, misjudged or opportunistic campaigns can be undermined quickly by costly enforcement action and reputational damage.
A proactive review of planned marketing content and early legal advice can help businesses avoid enforcement risks and make the most of this commercial opportunity.