Don’t try the patience of the Rugby World Cup 2015 organisers

The Rugby World Cup is among the top 10 largest sporting events in the world. The tournament is organised every four years and, this year, will be hosted by the UK from 18 September to 1 November. On previous form, it is likely that the Rugby World Cup organisation will be as strict as FIFA and the International Olympic Committee when it comes to protecting its brands, sponsors and, therefore, revenue.

It’s less than a month to go until the UK-hosted Rugby World Cup starts. The tournament is projected to boost the national economy by £1 billion, with 400,000 international visitors expected to watch 20 nations compete. Already 90% of tickets have been sold, and marketing in the 11 host cities has started to ramp up, with the Coca-Cola London Eye wrapping its capsules in the flags of the 20 competing nations, and the Rugby World Cup logo placed on the Tyne Bridge in Newcastle.

While many businesses will want to take advantage of the event to cash in and raise their commercial profiles, there are a number of trademark issues that need to be considered to ensure that campaigns do not fall foul of the Rugby World Cup rules and regulations.

The International Rugby Board (IRB) owns registrations in the words RUGBY WORLD CUP, RUGBY WORLD CUP 2015, RWC, RWC 2015 and the Webb Ellis Cup design. In addition, IRB owns ‘rights in the tournament names, main trophies, company names, trade names, logos, product packaging and designs of RWC or official sponsors, licensees, supplies, or other third-party products or services, belong exclusively to RWC or such third-party, as applicable, or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international laws, as applicable’.

Making sure merchandise is official Tournament-inspired merchandise is being carefully monitored by the Rugby World Cup organisers with official and replica jerseys, and a range of related merchandise sold only through the official website, official shops in London and Cardiff, and through authorised agents and affiliated sponsors’ sites. The articles are all provided with a hologram logo so that the buyer knows that products are authentic.

Similarly, tickets sent to fans incorporate augmented reality technology via Blippar to enhance visitor’s match day experiences, provide seat views, information and content, and minimise the sale of counterfeit tickets.

IRB organisers have secured all outdoor media sites close to host venues to prevent ambush marketers reaching spectators.

Preventing ambush marketing Ambush marketing refers to a marketing campaign in which a company or brand associates itself with a specific event without paying sponsorship fees. This phenomenon occurs at every major event (search online for Paddy Power or Nike campaigns during the 2012 London Olympics or Stella Artois’ tennis-themed advertisements near the site of the US Open for examples of such campaigns).

IRB’s worldwide sponsors include MasterCard and Heineken, with official sponsors of the Rugby World Cup including Coca-Cola and Canon. Sponsorship revenue has risen 50% since the last World Cup and the growing profile of rugby has seen significant increase in its commercial value. This will lead to tougher action being taken against ambush marketers and trademark infringers.

No specific legislation has come into force regarding the Rugby World Cup as was established, for example, for the 2012 Olympic Games in London. Instead, the Rugby World Cup organisation will be seeking to use existing laws to act against ambush marketing, including trademarks, passing off and copyright laws.

In addition, the Committees of Advertising Practice (CAP) issues codes for UK advertising, and includes ambush marketing, although PR ‘stunts’ are not covered by the CAP Code. The CAP Code does not prevent people from referencing a sporting event, but any advertisements based on or around a sporting event must not mislead consumers by implying that an official relationship exists when it does not. In addition, adverts must not take unfair advantage of a competitor’s trademark and requires marketers to hold evidence that any cited endorsements are genuine (full guidancehere).

The scope of ambush marketing campaigns on social media is yet to be seen, but is likely to be prevalent during the tournament.

Keeping within the rules Companies and local businesses will not be stopped from chasing business or selling to tourists during the event, but they will need to be very careful. The general rule is not to make any reference to the Rugby World Cup unless you are an official sponsor, for example:

• Do not use wording such as ‘Rugby World Cup’ or ‘RWC 2015’;
• Do not use imagery, such as the Webb Ellis Trophy, the IRB’s ‘filleted fish’ logo or ‘England 2015 logo’;
• Do not use phrases or slogans associated with the IRB tournament, such as ‘Too Big To Miss’;
• Do not use colour schemes similar to those used by the IRB; these may not be registered, but there will be unregistered rights and copyright in such colours;
• Be aware of the rights owned by the IRB and their sponsors, licensees and affiliates and avoid using the identical or similar wording/logos; and
• If promotions are run, including special discounts, be careful not to directly associate your company with the event.

There will be sponsorship deals and collaborations at team and individual levels. These can be a great opportunity to promote, for example a player in the tournament, without falling foul of any regulations. Here, inspiration can be taken from Nike’s campaigns over a number of different sporting events, including the London 2012 Olympics.

If you are planning to launch a marketing campaign to tie-in with the Rugby World Cup and would like guidance or further information, please speak to your Novagraaf representative.

For more information on attending the Rugby World Cup, visit the official website for venue, fixture dates, travel and team information, together with ticket authentication tools and ticket resales. To support England Rugby, #carrythemhome, see here. For the RFU’s beginners’ guide to rugby union, see here.

Claire Jones is a trademark attorney in the London office of Novagraaf