uefa euro 2016: businesses be aware of your rights
TRANSCRIPT
June 2016
INFO – FLASH
UEFA EURO 2016: BUSINESSES BE AWARE OF YOUR RIGHTS Let's celebrate! The Belgian Red Devils are going into the round of 16 knockout stage. After entering the tournament with 24 teams, only 16 remain for Europe's top international trophy. Companies, marketers, and non-sponsors brands are now preparing for the next exciting in-house event, contest, etc. using the logos, mascots, signs, of the UEFA. But be aware of the limit of your rights to avoid a red card. It’s important to understand the rules of the game; no one needs the costs of a lawsuit for going offside. What are the risks? UEFA holds several registered figurative and word trademarks relating to this football tournament. These trademarks are protected at the European level offering the UEFA an unified system of protection throughout the 28 Member states. These trademarks are simultaneously protected in a very large number of other worldwide jurisdictions through the Madrid System. Among others:
‒ The word trademarks: UEFA EURO 2016, EURO 2016, UEFA, UEFA EUROPEAN FOOTBALL CHAMPIONSHIP;
‒ The figurative trademarks: UEFA EURO 2016 FRANCE, the bid process logo, EURO 2016, the tournament mascot Super Victor, LE RENDEZ-VOUS with the tournament logo, and the slogan “20 000 sourires pour l'EURO 2016”;
‒ The official slogan for the tournament: LE RENDEZ-VOUS. But also some alternatives: “Le
Rendez-vous du football”, “le grand rendez-vous de foot”. The interference with or violation of UEFA’s trademark rights through the unauthorized use of any of these UEFA's registered trademarks (or any confusingly similar marks) by businesses or non-sponsors brands could lead to a trademark infringement action. It is worth bearing in mind that a trademark does not have to be an exact copy of another mark in order to be considered infringing. UEFA also holds several registered (RCDs) and – most likely - unregistered Community Designs (UCDs) related to this event, including the tournament mascot and the tournament logo. While UCDs provide a right to only prevent the copying of the design, RCDs are protected against both systematic copying and the independent development of similar designs.
June 2016
Here are some examples:
In addition, the logos, photographs, official images of the tournament, and relevant live television signal transmitted by the relevant UEFA EURO 2016 broadcast partner are protected by copyright law. Here are some recommendations of what businesses and non-sponsors brands should do in practice:
‒ Avoid creating the impression that your event is (officially) linked to, or associated with, UEFA EURO 2016;
‒ Avoid using UEFA and/or tournament trademarks, logos, trophy, mascot, such as UEFA EURO 2016, EURO 2016, UEFA, UEFA EUROPEAN FOOTBALL CHAMPIONSHIP and official name;
‒ Branding elements/signage may not create, or create the impression of, any direct or indirect association with the registered trademarks or any related marks of the UEFA or UEFA EURO 2016;
‒ Be careful not to create a direct/indirect link between UEFA or UEFA EURO 2016 and any third party;
‒ No involvement of a commercial party, except official UEFA EURO 2016 partners (such as Coca-Cola, Adidas, Carlsberg), is permitted in the promotion of a public screening event; especially if companies/brands public at your public screening are a (direct or indirect) competitor of any official UEFA EURO 2016 sponsor and/or broadcast partner;
‒ In conclusion, in order to be on the safe side, businesses and non-sponsors brands should not use official tournament names or references to UEFA or any official UEFA EURO 2016 trademarks.
The road to the EURO 2016 final continues, let's cheer our Belgian Red Devils to victory! For further information or if you have any questions, please do not hesitate to contact any of the KOAN LORENZ professionals listed below:
Thomas DUBUISSON Associate - Brussels
Agnès MAQUA Partner - Brussels