The 2026 World Cup is coming. Kicking off in the USA, Canada and Mexico on June 10, it will be one of the biggest events of the year’s sporting calendar: with billions of people from around the world watching the matches and engaging with the tournament.
But it could be one of the most litigious World Cups ever, according to trade mark attorneys at European IP firm, Withers & Rogers.
FIFA will defend its trade marks, while many sponsors have already put aggressive brand protection strategies in place.
While the World Cup offers a great opportunity to engage with consumers, brand owners need to be on the ball and ensure they don’t stray over the line.
So how can brands play within the rules... and what will see them get caught offside?
Ambush marketing
Many brands are already gearing up to celebrate the World Cup, seeing the opportunity to engage with the buzz and excitement around the tournament.
Official partners include Coca-Cola, Adidas, Hyundai-Kia, Visa, Qatar Airways, Aramco and Lenovo; while sponsors include AB InBev (Budweiser, Michelob Ultra, Modelo, Stella Artois), Frito-Lay, Mengniu Dairy and Unilever (Dove, Lynx, Radox, Axe, Degree, Sure).
But around the world, hundreds of other brands are enthusiastically gearing up to be part of the conversation. That’s particularly true for food and beverage brands: which are an integral feature at matches shown in pubs, bars or at-home.
It’s an attractive marketing opportunity. But brands need to be careful about how they approach their communications– or face serious penalties.
Ambush marketing
The problem is, even simple communications risk exposing brands to significant legal and reputational risk.
Official sponsors have spent eye-watering amounts of money on their partnerships, sponsorships and campaigns with FIFA. And they don’t want to see that investment undermined by other brands.
“The 2026 World Cup will reach a record-breaking global TV and digital audience of approximately six billion viewers,” explains Laurie Bray, senior associate and trade mark attorney at Withers & Rogers.
“It will be bigger than ever before, with 48 teams and 104 matches. With a wave of heightened World Cup consumerism expected during the event, FIFA will be policing its trade marks aggressively and taking action to block businesses found to be infringing them.
“They will be doing this to protect the commercial interests of official sponsors.”
Ambush marketing
Ambush marketing is a strategy where brands seek to associate themselves with a high-profile event to capitalize on consumer interest, without being an official sponsor.
What to avoid...
Any references to FIFA trade marks is an absolute no-go, says Bray.
And while the tournament is being held in the US, Canada and Mexico, the legal implications go far beyond those borders.
“FIFA’s World Cup 2026 trade marks – including We Are 26 and ‘FIFA World Cup 2026′ – are protected in key markets around the world, including the UK and Europe," says Bray.
“For businesses in the UK and Europe, using these marks in marketing or advertising campaigns, including social media posts, without being an official sponsor, is likely to be regarded as trade mark infringement and they could face litigation.
“If sued on the grounds of trade mark infringement by FIFA, businesses could be liable for damages, and injunctions could also be imposed to block them from using World Cup-related trade marks and other protected assets.”
...and what’s still ok
The penalties for trade mark infringement are serious. But the good news is that brands can still embrace the fun and festivities... if they do so carefully.
“Generic references, for example to ‘the match’ and ‘celebrating the win’ are likely to be safe, as long as there is no additional content which refers or alludes to FIFA or the World Cup,” says Bray.
But brands have to be careful not to stray too far.
“Images of a trophy similar to the World Cup trophy, for example, or use of hashtags such as #worldcup or #fifa, could imply an official commercial association and therefore land brands in hot water.”
Bray’s top tip, however, is to allow plenty of time to develop and – most importantly – check campaigns. Early legal review, careful analysis and robust internal approval processes is critical if brands want to win with their World Cup marketing.