Promotional opportunities generated by any big event are understandably irresistible for many organisations, particularly small businesses, which could potentially receive increased revenue and unprecedented publicity to a large audience during such an event.

What is protected?

I'm just a small venue, does it really matter if I use a logo?

What are the implications to my business of using trademarked imagery without permission?

Sports events in particular, like the Rugby World Cup, are accompanied by a demand for merchandise so it is understandable that many businesses will want to piggyback off the success of this branding and raise their profile by association.

However, while it may be an innocent enough ploy to increase income, businesses need to tread carefully when promoting themselves during such an event unless they are among the official sponsors, partners, tournament suppliers and tournament providers.

The logos, branding and images used in the run-up to, and during, sports events are so widely accessible that the issue of trade mark is often overlooked.

But the organisers of the Rugby World Cup, Rugby World Cup Limited, own a number of registered trade marks protected in respect of a wide range of goods and services.

By registering a trade mark, this ensures Rugby World Cup Limited can protect the intangible, but incredibly valuable, assets of its brand by restricting other people from using specific designs or words.

For example, the terms Rugby World Cup, Rugby World Cup 2015, RWC, RWC 2015, the Rugby World Cup "filleted fish" device and the Webb Ellis cup design (non-exhaustive list) are all registered as trade marks in the EU, so permission is needed to use these on any promotional material and/or products.

No matter the size of your business, using a registered trade mark, such as a logo, for commercial use without authorisation is classed as infringement and could result in a potentially costly lawsuit.

Business owners could then find themselves paying damages or account of profit to compensate the trade mark owner for its loss, be ordered to destroy the infringing products and could even be liable for criminal sanctions. 

As well as logos and terminology, businesses also need to be careful when using images of a team or particular player. While images of our favourite sports stars saturate the media and online channels during a big sports event, it is important to obtain permission from the copyright owner and, under some circumstances, the personalities before replicating these images for your own gain.

Using an image also risks infringing other people's trade marks or design rights in general. For instance, players' shirts and sports balls usually bear trade marks on them and teams crests, balls or other products may also be protected as designs.

Of course, this is not to say that during the Rugby World Cup a business, such as a pub, cannot use the word ‘rugby' to promote upcoming screenings or associated special events at the venue. However, when promoting these events it is important not to give consumers the impression these are official events and you are an official sponsor of the world cup by implying any kind of official link, recognition or endorsement when there is none.

For more information visit wynne-jones.com [1]