We recently hosted a webinar on the legal risks of marketing campaigns linked to the FIFA Men's World Cup 2026 (taking place this summer across the US, Canada and Mexico). Brinsley Dresden (Co-Head, Advertising & Marketing), Alex Kelham (Partner, Sports Law) and Lauren Stone (Managing Associate) discussed ambush marketing, the UK legal framework, the rights landscape and practical clearance tips for brands.
What is ambush marketing?
There is no single legal definition, but it is commonly used to describe activity that interferes with the legal rights that protect an event owner's IP and commercial revenues. It is often grouped into: (1) ambush by association (creating a perceived link without using official marks), (2) ambush by intrusion (visibility at or around the event), and (3) opportunistic ambush (real-time social media/reactive marketing).
The legal framework
IP rights
FIFA's logos, artwork, typography, mascots and certain stadium designs may attract copyright protection, and match footage and imagery will also be protected in this way. FIFA also holds numerous registered trade marks for its name, logo and event related logos and names, such as "2026 World Cup". As a national level, team crests are widely registered and the FA has, for example, a trade mark for "Three Lions". Players also often register trade marks for their names, signatures and even celebrations. Even using "#FIFA World Cup" and other hashtags incorporating trade marks in marketing posts could prompt an infringement allegation.
Passing off
The common law. Passing off — which requires goodwill, misrepresentation and damage — is often the principal claim, particularly where marketing implies an official link with a tournament or a player. It is also the main route for protecting celebrity image rights in the UK, given the absence of a standalone image right.
Other legal considerations
There is no UK "special event" legislation for World Cup 2026 (unlike for the London 2012 Olympics), although host cities may use local rules to control advertising near stadia. The CAP/BCAP Codes remain relevant where a misleading campaign wrongly suggests a sponsorship relationship exists. FIFA's ticketing and media accreditation terms also typically restrict the use of tickets in promotions without consent, and contractually restrict the holder from undertaking ambush marketing during the event.
Rights landscape and enforcement
Relevant rights can sit with multiple parties: FIFA, local organising bodies, the 48 national federations (including the FA and Scottish FA), players, broadcasters, and photographers. If you want clearance to use IP, you'll need to work out who you need consent from (and whether they're likely to give it). The use of IP rights will normally be reserved for sponsors. You also need to know that even if your a team or player sponsor, that isn't likely to give you the right to use FIFA World Cup IP. Bear in mind that competitors of official sponsors are also more likely to face scrutiny.
Practical examples
During the webinar we explored many examples. Many brands have previously safely navigated the rules by engaging in generic football and/or country-themed campaigns, but others have crossed over the line and backfired either from a legal and/or PR perspective. If you missed the webinar and want to see these examples, please email events@lewissilkin.com for the recording.
What are the key takeaways?
Key takeaways for brands considering World Cup-adjacent marketing:
- Keep it generic: avoid official event and team marks, team kits and distinctive World Cup branding.
- Context is key: all aspects of a campaign — the creative, hashtags, placement and timing — will be assessed together.
- Do not use sponsor-like labels (for example, "official", "partner" or "home of").
- Don't run ticket giveaways unless you have FIFA's permission (including via an authorised partner route).
- Use hashtags with care: don't include official names or other terms that imply an official connection.
- Don't use player names or imagery (including nicknames and obvious look-a-likes) without the consent of the player. (Parody or negative references may not require consent but need very careful consideration).
- Watch for "stacking": multiple generic references can add up to a problematic association.
- If using generic football imagery or other third party IP (including music, footage, imagery and typographic assets), you obtain third party licenses.
- Even incidental or 'similar' use of logos or other official brand assets (e.g. shirt designs, mascots) can get brands into hot water.
- Use AI with caution — it may not understand the nuanced playbook for ambush marketing!
If you would like to discuss a proposed campaign or clearance of specific creative assets, please get in touch.
