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South Africa Special

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Soccer fans are excited about the event in South Africa and many companies have a keen interest in the business potential such a large event creates. Not being an official sponsor brings many significant challenges.

The question is how far a non-official sponsor can go without overstepping trademark protection rights by the football parent organization? What are the dos and don’ts? And who suffered or gained so far from the strict ambush marketing rules?

These and other questions will be addressed through the articles contributed by IP professionals providing interesting viewpoints and outlining a landscape difficult to navigate.

Vuvuzela, Makarapa & Co.


Dr. Frank Bahners, Peters Rechtsanwälte, Germany
First published in “Der Markenartikel”, April 2010

Dr. Frank Bahners, Peters Rechtsanwälte, Germany, First published in “Der Markenartikel”, April 2010The 2010 World Cup is casting its shadows ahead. Companies aiming be active in marketing should however be aware of the legal trademark background if they want to sell supporter articles.
The 2010 FIFA soccer World Cup will not only be the biggest sports event of the year - it will also be a great opportunity for companies to profit in terms of marketing, even if they are not an official sponsor of this sporting event. The addition by companies of supporter articles to their own ranges is a possibility for profiting from the big sporting event.  read more

Airline discovers why you need balls to mess with FIFA


Timothy O'Neil-Dunne, T2N International Limited, UK
Posted and copyright by TNooz

Timothy O'Neil-Dunne, T2N International Limited, UK, Posted and copyright by <a href='http://www.tnooz.com/2010/03/22/news/airline-discovers-why-you-need-balls-to-mess-with-fifa/' class='text-farbig' target='_blank'>TNooz</a>Kulula is an upstart LCC carrier operating in South Africa. It is well known for its guerrilla marketing and its quirky plane paint jobs.
With the World Cup 2010 coming to South Africa in the coming months there is a lot of noise being expended to market the event. Everyone wants to get on the bandwagon – and Kulula was no different. Except it seems to have run foul of the mighty FIFA. For those of you who are uninitiated in the ancient right of football, FIFA is the panel of the gods. They rule the game. read more

FIFA WORLD CUP 2010 - YOU MAY SAY “2010” BUT THAT's ALL


Jens Triebel, Spamer Triebel Inc, South Africa
Show Company Info

Jens Triebel, Spamer Triebel Inc, South AfricaFIFA has been active on the trade mark registration front in South Africa, filing some 776 trade mark applications since 1993. Initial protection focused on marks such as FIFA, FIFA WORLD CUP and WORLD CUP. With South Africa being awarded the 2010 FIFA Soccer World Cup, the application pace accelerated with applications in numerous classes for 2010 (stylized), SOUTH AFRICA 2010, WORLD CUP 2010, SOUTH AFRICA 2010 WORLD CUP, amongst others.  read more

No One Entity Can Lay Claim To Owning The Vuvuzela


Carl van Rooyen, Spoor & Fisher, South Africa

Carl van Rooyen, Spoor & Fisher, South AfricaThere have been a number of press reports recently on the issue of who owns the rights to the vuvuzela. In reviewing the fuss and bother around this quasi-musical instrument, it is not clear whether these parties are claiming rights to the trade mark vuvuzela, or the rights to the product itself.

Be that as it may, it is instructive to look at the history of the vuvuzela.  read more

Countdown to FIFA's 2010 World Cup – the IP debate hots...


Ron Wheeldon, Ron Wheeldon Attorneys, South Africa

Ron Wheeldon, Ron Wheeldon Attorneys, South AfricaWith kick off in the 2010 World Cup now less than a month away, the degree of protection afforded to FIFA is becoming a matter of considerable public debate in South Africa. Many people feel that FIFA has exacted rights that go way beyond any legitimate trade mark concern and unduly limit the rights of ordinary citizens in a manner which is grossly unconstitutional. This note outlines the discussions, the rights (beyond trade mark registration) which FIFA has obtained, the theoretical arguments and the practical situation. read more

Have SA Laws Been Ambushed By FIFA?


Debbie Marriott, Bowman Gilfillan Attorneys, South Africa

Debbie Marriott, Bowman Gilfillan Attorneys, South AfricaThere is a lot of excitement at the moment regarding the World Cup tournament: coming soon to a stadium near you. There is also a lot of hype too about the numerous laws that regulate the promotion of products and brands around this event, and in particular, the prohibitions against so-called ambush marketing. Ambush marketing is the attempt by a non-sponsor to associate his brand with an event and to thereby derive special promotional benefit from the significant publicity that the event attracts.  read more

FIFA Wins First 2010 Ambush Marketing Ruling


Dr. Owen Dean, Spoor & Fisher, South Africa

Dr. Owen Dean, Spoor & Fisher, South AfricaThe honour of scoring the first goal in the 2010 Soccer World Cup has gone to FIFA. In the contest between FIFA and ambush marketers FIFA has shot into an early 1 – 0 lead.
In the first encounter FIFA’s main striker, Spoor & Fisher, put a rocket past the defence of Eastwood Tavern in the opening exchanges. In so doing FIFA has shown its supporters and opponents alike what it is made of and what it can do.  read more

SA Companies Bewieldered By FIFA Ambush Marketing Rules


Chris Moerdyk, www.bizcommunity.com, South Africa
First published on www.bizcommunitiy.com

Chris Moerdyk, www.bizcommunity.com, South Africa, First published on www.bizcommunitiy.comMany South African companies have been bewildered by the intensity with which FIFA has applied its so-called ambush marketing rules.
Which is quite ironic because I would have expected South Africans to understand clearly what these laws are all about? Ever since ambush marketing legislation was promulgated in South Africa just before the Cricket World Cup took place in 2003, these laws, developed in South Africa, have been used by a number of other countries as a legislative model for international sponsored events.  read more

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Spamer Triebel Inc.
Jens Triebel
Jens Triebel
Unit 4 Oude Westhof Village Square, Van Riebeeckshof Road, Oude Westhof, Bellville
7530 Cape Town
South Africa (ZA)
Tel +27 (0)21 913 7392
Fax +27 (0)21 913 0638
jens@spamertriebel.co.za
www.spamertriebel.co.za

Our practice focuses on commercial aspects of the law and intellectual property. We serve small, mid-sized and large corporations, many of which operate internationally and have worldwide trade mark portfolios, as well as individual inventors and entrepreneurs.

We advise clients with diverse interests, including the wine, fashion, cosmetics, pharmaceutical, real estate development, medical, manufacturing and hospitality industries.

Emerging and established companies increasingly recognise the value of their intellectual property as invaluable business assets. Our mission is to assist clients in identifying, managing, growing and protecting their intellectual property and using it to their best commercial advantage.

We maintain a close network of trusted correspondents worldwide, allowing us to operate virtually in any country and jurisdiction.