Tuesday, 21 April 2009

FIFA enforces World Cup Marks...by consent

Afro Leo has come across an order of the High Court of South Africa (North Gauteng, Pretoria) whereby Eastwood(s) Tavern have been restrained (apparently with their consent ie uncontested in Court) from ambush marketing the FIFA World Cup Event and infringing the World Cup 2010 registered trade marks, the first of its type for the FIFA campaign according the Sport24 commentary which has already attracted over 65 comments. Having read some of them Afro Leo wants to know if this is a canny piece of communication (who is now going to dare take FIFA on again?) or a dreadful marketing blunder by FIFA (the content of some of the comments may need parental supervision)?

It is a pity that this case went undefended though. For example, readers may recall that Afro-IP's first poll, reported again here, result was that the SA trade mark registrations were invalidly registered, following a Board of Appeal decision in Europe so it would have been interesting to see the scrap. Passing off, one suspects would have been very difficult to prove too. On the other in FIFA will argue that they have obtained registrations and protected their proprietary rights (from an IP point of view), both of which could have been contested by the public at the appropriate stages.

No comments: