Introduction

Ahead of every major sporting event, including the FIFA World Cup, the Olympic Games and the UEFA European Championship, the same question lands on marketing directors' desks: can a brand reference the event in its advertising without being an official sponsor? Where does the freedom to communicate end for a non-sponsor?

Between trademark protection, sports law, and unfair competition, companies must anticipate the risks attached to their commercial campaigns. Companies should therefore adopt a preventive approach to secure their marketing communications and limit the risks associated with their campaigns. Here is what businesses need to know about this practice, commonly referred to as “ambush marketing”.

I- Organizers’ exploitation rights: a protected monopoly {#organizers-exploitation-rights}

An intangible property right recognized by sports legislation

Under French law, sporting federations and event organizers hold an exploitation right over the competitions they organize, granting them a form of intangible property recognized by the French Sports Code. This right allows them to commercialize the event, notably through broadcasting rights, sponsorships and product licenses, and to finance their discipline. Courts, however, apply a restrictive interpretation: the monopoly protects the exploitation of the event itself, not every reference to the underlying sport.

Trademarks, mascots, slogans: FIFA's intellectual property arsenal

Beyond this specific right, FIFA holds an extensive trademark portfolio covering tournament names, emblems, mascots, and host-city logos. This portfolio is subject to an active protection policy, including monitoring activities, online content takedown requests and, where necessary, legal proceedings. Reproducing or imitating these signs without authorization exposes advertisers to trademark infringement claims. The strategic management of a trademark portfolio is essential to prevent infringements of intellectual property rights.

To learn more about implementing a tailored trademark portfolio strategy, we invite you to read our previously published article.

II- Ambush marketing: a shifting legal boundary

Ambush by association

This form seeks to create, in the public's mind, the illusion of an official link with the event through evocative symbols, colors, or slogans, without literally reproducing the protected mark. It is the hardest configuration to sanction, since advertisers carefully avoid any literal reuse of registered signs, making a straightforward infringement claim difficult to sustain.

Ambush by intrusion

Here, a company seeks physical or digital exposure near the event itself: distributing merchandise around stadiums, advertising within official "clean zones," or running street activations timed with match schedules. This practice runs up against contractual and administrative venue regulations more than against trademark law as such.

III- Available legal grounds

In the absence of a single overarching statute, aggrieved organizers and sponsors typically rely on three grounds:

  • trademark infringement, where a protected sign is reproduced;
  • unfair competition and free-riding (parasitism), sanctioning a party that profits from another's investment without bearing its cost;
  • misleading commercial practices, where the communication misleads consumers into believing an official partnership exists.

Courts have therefore condemned promotional campaigns that use elements directly associated with a sporting event without the organizer's authorization (see, for example, Paris Judicial Court, 12 February 2026, No. 23/15958). The financial penalties imposed vary depending on the nature of the infringement, the extent of the proven harm, and the investments made by the rights holders. These issues require a thorough legal assessment to evaluate the risks of trademark infringement, unfair competition, and parasitism (free-riding).

IV- What can be done without authorization

Contrary to popular belief, non-sponsors retain considerable room to maneuver, provided certain guidelines are respected:

  • referring to football or sport in generic terms ("this summer's football event," "the international competition") without using protected names;
  • using national colors or symbols not appropriated by a third party;
  • building a campaign on creative association, without any logo or tournament reference;
  • running lawful comparative advertising, within the applicable legal framework;
  • ensuring influencer partnerships remain transparent about the absence of any official link with the organizer.

Some campaigns show that a brand can capitalize on sporting enthusiasm without using the distinctive signs of an official competition. A strategy built on sporting culture, the values associated with sport, or the visibility of individually contracted athletes can, under certain conditions, remain outside the scope of infringement.

V- How Can a Marketing Campaign Be Secured Ahead of a Sporting Event?

Before any campaign is launched, companies should review:

VI- The risks of overstepping the line

Poorly calibrated communication exposes a company to a combination of risks:

  • civil liability: trademark infringement, unfair competition, or free-riding claims, with damages and court-ordered publication of the ruling;
  • operational risk: immediate content takedowns on social platforms, under agreements between FIFA and networks such as Instagram or TikTok;
  • reputational risk: a campaign perceived as unfair can durably damage brand image with the public and institutional partners alike.

A prior legal review of campaigns, particularly for international operations or those involving AI-generated content, has become an essential precaution. Dreyfus law firm also acts in pre-litigation and litigation strategies relating to infringements of intellectual property rights.

Conclusion :

Communicating around a major sporting event without being an official partner is possible, but it requires striking the right balance between creative marketing and respect for the organizers' intellectual property rights. The absence of a direct use of a protected trademark or logo does not necessarily eliminate legal risk, particularly where a campaign may imply an official association, unfairly benefit from the organizer's investments, or mislead the public.

At Dreyfus, we assist clients in navigating complex intellectual property matters by providing tailored legal advice and comprehensive operational support to ensure the effective protection and enforcement of their intellectual property rights.

Dreyfus law firm works in partnership with a global network of intellectual property attorneys, enabling us to support clients with cross-border IP matters and international enforcement strategies.

Nathalie Dreyfus with the support of the entire Dreyfus team

Q&A

Can a company use the name "World Cup 2026" in advertising without being a sponsor? No. This name is a registered trademark; unauthorized commercial use exposes the advertiser to an infringement claim.

How can a company ensure its campaign is legally compliant before launch? By conducting a legal review beforehand to verify that the campaign does not use protected trademarks or other protected signs, and does not suggest an official partnership or sponsorship.

Is using a player's image enough to avoid the organizer's intellectual property rights? No. Even where a company has entered into an agreement directly with a player, the campaign must comply with the player's image rights, contractual obligations with their club, federation, or sponsors, as well as any rules applicable during the competition.

Can a company give away tickets to a sporting event as part of a promotional campaign? Ticket resale, transfer, and promotional use are often governed by the event's ticketing terms and conditions. Companies wishing to offer tickets as prizes in a competition or promotional campaign should therefore verify the applicable contractual restrictions and, where necessary, obtain the organizer's prior authorization

This publication is intended for general public guidance and to highlight issues. It is not intended to apply to specific circumstances or to constitute legal advice.