Using terms such as “ICC”, “International Cricket Council”, “ICC World Cup”, or “ICC Cricket World Cup” is subject to strict legal restrictions, primarily because they are registered trade marks owned by the International Cricket Council (ICC).1 Unauthorised use in a commercial context is generally prohibited, as it may constitute ambush marketing and/or trade mark infringement. For the purposes of this article, the discussion is confined to ambush marketing.
Ambush marketing is the practice by which a non-sponsor company attempts to create a commercial association with an event, thereby deriving benefit and exposure, without paying for official sponsorship rights. For an event like the T20 World Cup, official sponsorship packages run into millions, granting exclusive rights to use event logos, terminology, and direct association with the tournament.2 Ambush marketers seek to circumvent sponsorship costs, leveraging the event’s popularity to enhance their own brand image and sales through dubious tactics.
While the ICC’s brand protection spans international jurisdictions, South African law provides a robust framework for combating ambush marketing. Key legislation and common law principles include:
- The Merchandise Marks Act 17 of 1941 (as amended); with Section 15A which specifically addresses protected events.3 For example, the 2010 FIFA Soccer World Cup, which was hosted in South Africa, was designated as a protected event under the Merchandise Marks Act.
- The Consumer Protection Act 68 of 2008; with Section 40 which speaks to unfair business practices, and Section 41 addressing misleading representations.4
- Common Law Principles; also account for the prohibition of unlawful competition, and passing off (when a brand misrepresents its goods or services as those of another, or as being associated with another).
Attempting an unauthorised “googly” in the world of intellectual property can result in significant penalties. Playing fair and respecting the rights of official partners is not just good ethics; it is a sound legal and business strategy.
References:
- International Cricket Council – Brand and Content Protection Guidelines
- The Economic Times
- The Merchandise Marks Act 17 of 1941 (as amended)
- The Consumer Protection Act 68 of 2008
Author: Tumelo Mashabela | Managing Director and Registered Patent Attorney
