Germany: FIFA asserts rights to "World Cup 2006" after all
Football's world governing body, Fifa, has surprisingly obtained trademark protection for the term protection under trademark law for the term "WM 2006" before several regional courts, after the Federal Court of Justice (BGH) had initially ruled against FIFA.
Football's world governing body, Fifa, has surprisingly won a case in several regional courts.
The German Football Association has obtained trademark protection for the term "WM 2006" after the Federal Court of Justice (BGH) had initially ruled against FIFA. In four summary proceedings, the association has now been able to secure the rights to the "WM
2006″, as the Handelsblatt writes. The regional courts in Leipzig, Hamburg and Nuremberg have issued temporary injunctions prohibiting the use of the term "WM 2006" on T-shirts and lanyards. Otherwise, a fine of up to 250,000 euros could be imposed. According to the courts, EU law comes to Fifa's aid. However, FIFA has also registered both terms as trademarks with the European Office for Harmonization in the Internal Market (OHIM). Protection as a European Community trademark is independent of the German
Procedure. This means that the "2006 World Cup" trademark is protected under trademark law throughout the European Union (EU) - and therefore also in Germany - and may not be used without a license. Accordingly, anyone who uses terms for their products that include "WM 2006" must fear being sued by FIFA. This includes, for example, "World Cup 2006", "World Cup 2006 Germany" or "World Cup 2006 Goal". Anyone who even gives the impression that they have a special contractual relationship with Fifa or that their products are officially licensed is also at risk of being sued. According to FIFA, the Stuttgart Regional Court deemed the designation "Football 2006" on a product to be "free-riding" and therefore unfair competition.
The German Football Association has obtained trademark protection for the term "WM 2006" after the Federal Court of Justice (BGH) had initially ruled against FIFA. In four summary proceedings, the association has now been able to secure the rights to the "WM
2006″, as the Handelsblatt writes. The regional courts in Leipzig, Hamburg and Nuremberg have issued temporary injunctions prohibiting the use of the term "WM 2006" on T-shirts and lanyards. Otherwise, a fine of up to 250,000 euros could be imposed. According to the courts, EU law comes to Fifa's aid. However, FIFA has also registered both terms as trademarks with the European Office for Harmonization in the Internal Market (OHIM). Protection as a European Community trademark is independent of the German
Procedure. This means that the "2006 World Cup" trademark is protected under trademark law throughout the European Union (EU) - and therefore also in Germany - and may not be used without a license. Accordingly, anyone who uses terms for their products that include "WM 2006" must fear being sued by FIFA. This includes, for example, "World Cup 2006", "World Cup 2006 Germany" or "World Cup 2006 Goal". Anyone who even gives the impression that they have a special contractual relationship with Fifa or that their products are officially licensed is also at risk of being sued. According to FIFA, the Stuttgart Regional Court deemed the designation "Football 2006" on a product to be "free-riding" and therefore unfair competition.
