IP, Ambush Marketing: Considerations for the 2026 FIFA World Cup

In less than a year, Mexico will be one of the three host countries of the 2026 FIFA World Cup, along with the United States and Canada. It will be the first time an event of this magnitude has taken place in more than two countries. This not only has economic and political implications, but there are also legal and, above all, intellectual property considerations that are relevant to this type of sporting event.

Due to technological evolution, markets are becoming more global, causing tension within these kinds of events (which are receiving worldwide media and advertising coverage) between the rights of those who organize them (including sponsors) and the economic and business freedom rights of those who use these events as a marketing strategy to connect with euphoric consumers.

There are a series of official rules, guidelines, and regulations specific to major sporting events that have a global reach, such as the World Cup or Olympic Games. These include, among others, use of official brands and logos, marketing activities, broadcasting rights, and official sponsorships. While these do not entail specific procedures for prosecution and sanction, they do outline the prohibitions that could lead to potential sanctions in the territory where they have been violated.

The above implies that even though these global sporting events are organized by private entities, which establish the rules for their exploitation and allow companies to act as sponsors during the event to take advantage of its media coverage, there are activities carried out by third parties that, even without authorization from the organizers or their sponsors, attempt to take advantage of the event to advertise directly. This is known as "ambush marketing," which is defined as an advertising strategy in which a brand seeks to associate itself with a high-profile event to obtain the benefits described, without being the official rights holder.

The activities that can be included within this definition are countless; however, they are usually classified into two types:

• Association

When a non-sponsoring entity attempts to indirectly associate itself with an event, player, or participant without their prior authorization, thereby misleading the public into believing that this entity is somehow related to the event/player/team. This practice may involve direct references to the event/player/team, as well as the use of protected trademarks.

•  Intrusion 

An entity attempts to gain significant exposure for its brand at the event by targeting the stadium audience, either within the event control area or directly in its surroundings, or through the media.

Due to the scope and economic implications of these types of events, organizers and their sponsors take measures to prevent, reduce, and penalize this practice:

• Measures adopted by event host countries

These measures are typically implemented through regulatory changes and the introduction of special laws to combat these practices, which are limited geographically (to certain cities or regions) and temporally (applicable only during the event).

• Measures adopted by event promoters

In addition to the measures adopted by host countries, event promoters often establish their own measures to challenge this practice.

Even though Mexico has not adopted special regulations for this event (as has happened in Brazil or Qatar), FIFA and all official World Cup sponsors are developing robust intellectual property strategies to protect and enforce their rights against the legal challenges arising from the unauthorized use of distinctive signs related to the World Cup.

For instance, there is a broad portfolio of intellectual property rights, including logos, slogans, mascot designs, trophies, and combinations of words related to the event, and even to the host cities, such as "World Cup," "FIFA World Cup," "Mexico 2026," "We Are 26," among others. This protection extends to all types of products and services. It is possible to review the scope of protection of these IP rights by visiting https://inside.fifa.com/tournament-organisation/brand-protection. 

For companies in Mexico planning various commercial campaigns related to the World Cup, this rigorous protection by FIFA is especially relevant. Consumer sectors, such as food, beverages, and entertainment, have traditionally been the ones to carry out these campaigns. However, in recent years, with the development of social media and modern forms of marketing, most commercial sectors — be they financial, retail and supermarkets, technology and electronics, fashion and footwear, tourism, and airlines, among many others — want to join this great football celebration that moves the entire world every four years. 

Now, while it is possible to join the conversation surrounding football and the World Cup, it is essential to avoid using elements that could be interpreted as a commercial link to FIFA without authorization. While the term "World Cup" may not refer exclusively to this football celebration, its use in direct or indirect association with this event could lead to trademark infringement, with administrative fines up to US$1.6 million, including the coverage of damages.

The use of football themes must be handled with care. Although football as a sport is free to use, the tournament's official assets and the prestige associated with it are not. Creating effective marketing strategies, prepared in advance and reviewed from the perspective of protecting third-party intellectual property, can avoid legal issues and trademark infringements.