We’ve found out about FIFA charging shop partners for the great offence of creating a product with the text “world cup 2006″. This is one words protected by FIFA from bad bad non-millionaire, non-FIFA-sponsors who are were excited about the games. There’s a special newsletter about what is going on, and how shop partners can (and, honestly must) protect themselves. Violators have gotten a “cease and desist” letter and a huge pile of lawyer’s fees. It doesn’t matter if you run a big, successful shop on a hugely famous website, or if you opened a shop on a lark for your friends. FIFA lawyers’ interns can Google like nobody’s business.
But you should know that some corporations are on your side: Ferrero (the maker of Kinder chocolate among others) wanted to use “2006″ in some of their own branding. But, not allowed. According to sportbusiness.com “Confectionery company Ferrero had argued that the FIFA trademarks should be declared invalid on the grounds of absence of distinctive character.” The result, “passed by a Hamburg Court on October 25, 2005, cancelled Ferreros trademark registrations in respect of 11 marks containing the element ‘2006′ or ‘2010′.”

FIFA rejoiced, and offered up this statement: “…the unique characteristics of [FIFA WORLD CUP TM] have led unauthorised parties to employ all manner of means to use the event for promotional purposes. FIFA has responded by setting up a comprehensive international rights protection programme to focus on safeguarding FIFA marks in close cooperation with public bodies, such as police forces and customs authorities [italics added. but seriously.].”
It continues: “So far in the lead-up to the 2006 FIFA World Cup, over 400 infringements have been discovered worldwide, 390 of which have been successfully dealt with. Over 300 of these cases were detected in Germany alone. These statistics underline the sheer extent of the illegal activities going on and the necessity of an extensive protection programme.”
It looked like a victory for FIFA, but Ferrero kept fighting and it looks like they won some. At least in Germany. According to IOL: “Football’s world governing body FIFA suffered a serious setback on Thursday in its bid to protect its World Cup sponsors when Germany’s federal court lifted the copyright for three German-language slogans on 860 products….The three slogans in question were WM 2006 (which translates as World Cup 2006), WM Deutschland (World Cup Germany) and Fussball WM Deutschland (Football World Cup Germany).”
But it’s still not all settled, and no reason to get too comfortable (or not to be too careful with what you write). I am personally resolving to eat more Ferrero chocolate to show my support. What are you doing in response?