Fifa World Cup 2026: The tournament of IP infringement and touts
With the World Cup well underway, Ben Travers explains why IP laws are being ignored?
Much has been written of the economics of the 2026 Fifa World Cup, which looks set to be the biggest yet with tens of billions in revenue on the table. With the global sports industry representing potentially trillions of dollars in earnings, the stakes could not be higher for businesses looking to capitalise on the action.
However, like many businesses, not just in sports, the real value is in the exploitation of intangible assets. The predicted revenues arising from the event will significantly surpass the value paid for tickets, transport and hot dogs at the stadiums. The value gap between the total value attributed to the event and the amounts paid for these tangible items can in large part be attributed for the value of the intellectual property (“IP”) behind the event.
Sometimes the value created by IP is clear. For example, IP that means an official replica kit costs more than an unbranded equivalent kit. Control over access to the event on broadcast media funnels attention to official TV channels, creating quantifiable advertising revenue during half time. Even the tickets themselves are the gateway to an intangible asset, the experience of watching a match, soaking up the atmosphere – these are not tangible assets.
Intrinsic value
That organisations recognise this intrinsic value will no doubt be witnessed over the coming weeks as businesses with no official affiliation to the event look to take advantage through allusions to the tournament. Next time you are in a restaurant during the tournament, you will probably find World Cup inspired menus, even if the venue has no official link.
As with anything else with an intrinsic value, we can expect rights holders to enforce their IP to protect against imitators undermining their investment. At times when economies around the world face challenges, we may expect rights holders to protect their investments more actively, to help ensure no value escapes and that they make the most of squeezed consumer spend.
On a larger scale, we may see brands looking to stop ambush marketing, although event’s organisers tend to be very aware of these strategies, making it consequently tougher for ambush marketing campaigns at venues to work. So, whilst these large scale incidents may be unlikely, we will almost inevitably see a significant volume of IP infringement on a smaller scale.
IP flouting
Suggesting a business is affiliated with a major sporting event when it is not is a clear issue, but this is not the only way businesses tempted to take advantage of opportunities around the tournament may come unstuck. There is a fine line between following a trend and infringing IP and, as always happens with major sporting events, we are likely to see businesses falling on the wrong side of this line time and time again. This will happen where businesses look to take advantage of assets belonging to event organisers, sponsors and even athletes. These assets may include colour schemes, brand names or other elements which cause a consumer to associate a business with the tournament. If a business is only acting in a certain way because it wants to take advantage of the tournament then it is going to need to tread very carefully.
Recent developments, including sports personalities such as Cole Palmer and Luke Littler registering their brands, have helped to raise awareness of the value of IP protection, not just for clubs and sponsors but for the athletes themselves, who are also brands. The World Cup is likely to accelerate the trend of athletes taking more control of their brand as a business asset, securing opportunities for revenue creation through sponsorship, video game likenesses and more, long after their professional play careers are over.
The World Cup will accelerate and hold a lens to this trend of increased recognition in the value of IP and all that comes with it.
Ben Travers, Partner and Head of IP at law firm Foot Anstey