Don’t Get Caught Offside by Ambush Marketing at FIFA World Cup 2026

By IP expert at Withers & Rogers

As anticipation builds ahead of the men’s FIFA World Cup 2026, trade mark attorneys at Withers & Rogers are warning brand owners not to engage in ambush marketing, as this could expose them to significant legal and reputational risks.

The risks associated with the ambush marketing of high-profile global events are increasing all the time. This year’s World Cup, which is taking place in the US, Canada and Mexico, could be among the most litigious ever, and many sponsors have aggressive brand protection strategies in place. In Toronto and Vancouver, brand exclusive clean zones have been established within a 2km radius of stadiums, policed by bylaw officers, to prevent bar owners and other businesses from infringing FIFA’s World Cup intellectual property (IP) rights in the run up to matches.

Trade marks registered by FIFA for this year’s World Cup include ‘WE ARE 26’ and ‘FIFA WORLD CUP 2026’. These IP rights are designed to provide global protection for official sponsors, who will typically have paid out a large sum of money for an exclusive right to exploit the event commercially.  

Fiona McBride, Chair of European IP firm, Withers & Rogers, and a trade mark rights specialist, said:

“Businesses are often drawn to the idea of using upcoming sporting events as a marketing platform, but when it comes to the World Cup, they should steer clear.”

“The use of FIFA’s registered trademarks, logos, official terminology and other protected assets is strictly prohibited, and businesses can enter dangerous waters if they attempt to ‘ambush’ the event by including these assets in their own marketing or communications activity.”

“Businesses that do this could be sued for infringement and could be liable for any damages. Injunctions may also be put in place to block them from using the trade marks and other protected assets in the future.”

Sponsors are right to protect their brand’s association with this high-profile, international competition, as it could attract significant commercial value. In 2022, tournament organisers, FIFA, generated approximately US$2.7 billion in total media rights revenue from the Qatar World Cup, underlining the scale of the event and financial stakes involved. The 2026 tournament could see revenues climb even higher, due to the size of the US advertising and media market, with broadcast rights alone expected to exceed US$4.2 billion for the first time. 

Ambush marketing, a recurring issue during major sporting events, occurs when a non-sponsor seeks to associate itself with an event, without the consent of the rights holder (usually the organisation hosting the event), undermining the investment made by official sponsors. During the 2022 World Cup, several brand owners attempted to capitalise on the heightened public attention through carefully planned campaigns that stopped short of using FIFA’s trade marks. For example, during the 2018 and 2022 World Cups, M&M launched a “Bleu Blanc Rouge” limited edition product in France to support the national team.

Another campaign that successfully avoided infringing FIFA’s brand assets, was that launched by the drinks and brewing business, BrewDog, during the 2022 event in Qatar. In this case, the brewer positioned itself as a “proud anti-sponsor of the World F*Cup” in protest against the country’s human rights record. Whilst the campaign was successful in raising BrewDog’s profile, it also attracted some significant criticism, as the company was broadcasting games live in its pubs and profiting from the tournament. 

Also in 2022, FIFA successfully sued Puma for trade mark infringement and unfair competition in relation to the Qatar World Cup. Having previously filed trade marks for PUMA WORLD CUP QATAR 2022 and PUMA WORLD CUP 2022, the court imposed an injunction blocking use of the trade marks and ordered that they should be removed from the register. FIFA argued that the trade marks were misleading to consumers because Puma was not an official World Cup sponsor.

Whilst not every business aspires to be an official FIFA partner, all brand owners should approach World Cup-related marketing and communications activity with care. Early legal review, careful analysis and robust internal approval processes are essential to mitigate risk.

Fiona McBride concluded:

“The FIFA World Cup 2026 will command unprecedented global attention and present significant commercial opportunities for brand owners. However, with greater scrutiny and heightened enforcement expected, the margin for error for brand owners has probably never been narrower.”