World Cup But are FIFA doing enough to protect their brand, or perhaps being too heavy-handed when it comes to enforcement? <strong>The</strong>re’s only one way to beat them, get round the back! Carol Levin, communications manager at the Anti-Counterfeiting Group (ACG), says that the World Cup can be a challenging affair, because there is an enormous association with merchandise. Full members of the ACG include Sky, Tottenham Hotspur, Puma, adidas and Nike. Levin contacted some of ACG’s members for their views on counterfeiting in relation to the World Cup, who also expressed concern at a potential increase in counterfeiting during the World Cup. One of the brands points out that due to clubs and international teams launching new kits, there is “an increase in counterfeit merchandise and seizure activity during this period”. Another brand added: “<strong>The</strong> World Cup brings with it a number of strict rules and regulations, which alongside the legislative IP requirements places an additional burden on the public sector agencies responsible for enforcing IP infringements.” One such similar agency is the UK Trading Standards. Handley Brustad, who is the CTSI lead officer of IP in its Cardiff branch, points out that counterfeiting does increase in a World Cup year, “particularly for the well supported teams like Brazil, Argentina and England”. She said that FC Barcelona tries to “increase online searches during these periods and have police raids around the stadiums to try and stop the sales of counterfeiters”. Kelly Tillery, partner at Pepper Hamilton, highlights that this year’s World Cup host, Russia, has laws that “provide protection of trademarks through enforcement through legal action”. “Standard remedies including injunctive relief, monetary damages and seizure.” He adds that: “Preliminary injunctive relief is also available, however, it is rarely granted.” He says that the previous World Cup host, Brazil, actually had to change its laws for the World Cup as, “in most cases, authorities are very interested in supporting enforcement efforts”. According to Alison Statham, director general of the ACG, counterfeiting at large events, such as the World Cup, can lead to even bigger problems. For example, vast profits made from convincing World Cup-branded products “are increasingly funding organised crime and terrorism”, according to Statham. Statham added that the ACG is lobbying governments and working with enforcement agencies “to better protect consumers from this malicious crime”. “<strong>The</strong>re is also an increase in counterfeiting of the official Adidas match ball, which this year is called the ‘Telstar’.” Brustad highlights that his jurisdiction, Cardiff, has “seven major venues within a two mile radius of the city centre” and has hosted many international sports and music events. He says that all of these events are problematic, especially when “the difficulties faced by a local authority on reduced staff and budgets and trying to protect IP rights at major events”. Anna Guix, in house counsel at FC Barcelona, said at a recent conference that counterfeiters are even copying the labelling of club shirts, so that brands are having to “develop specific labels for security reasons”. She also noted that counterfeiters are using smaller shipments to hide their products, as well as distributing products without the branding attached, only to add it on at a later date. Guix also made reference to large events in the football world, similar to the World Cup, such as Copa Del Rey (Spanish Cup), Champions League, El Clasicos as well as Summer Tours to places like the US and China. She concluded by urging consumers to think carefully about the goods they buy online be it at home or abroad “because counterfeit goods are often of poorer quality, can be unsafe and more worryingly, may even be dangerous”. According to a FIFA Spokesperson, for the 2018 FIFA World Cup, the organisation will be working together with customs authorities across the world to “use existing structures and know-how in the joint battle against counterfeit products”. <strong>The</strong> spokesperson added that the preparation for the 2018 tournament was “not only on developing the infrastructure of the stadiums, transportation and the logistics but also on the creation of a unique 2018 FIFA World Cup Russia brand”. This brand itself includes the official emblem, official look programme, mascot, slogan, and more. <strong>The</strong> spokesman concluded: “From the early days of the event preparations through to the final dramatic moments when the trophy is presented to the winning team, the whole event needs a strong brand that captures the essence of the event and the host country, whilst forging strong emotional links between the World Cup and fans all over the world.” <strong>IPPro</strong> 20 <strong>IPPro</strong> <strong>The</strong> <strong>Internet</strong> www.ipprotheinternet.com
<strong>The</strong> ECTA Conference will deal with the latest developments in Trade Mark, Copyright and Design law, and will offer optimal networking opportunities with friends and colleagues. www.ecta.eu
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