Austria: Fairplay European Football Championship ́24 – Fairplay Advertising

 

As you know, the European Football Championship for men will take place in our neighbouring country Germany from 14.6 to 14.7.2024. The Chamber of Industry and Commerce for Munich and Upper Bavaria (IHK) provides information on its website under the title „Football European Championship 2024 – How may I advertise?“ Entrepreneurs in general, i.e. not only based in Germany, about legal matters on the large topic of advertising.

Did you know that all marketing rights are in the hands of UEFA, the governing body of European football? The association holds the intellectual property rights to the official emblem „EURO 2024“, the brands „UEFA EURO 2024 GERMANY“, „UEFA EURO 2024“, the cup and mascot Albärt as well as the official slogan „United by football. United in the heart of Europe“ in order to assign the commercial marketing of media, marketing and licensing rights or the rights to tickets to third parties. Only explicitly named companies, namely UEFA’s official partners, UEFA European Championship sponsors and regionally listed supporters, are permitted to use it under UEFA’s conditions. The use by other entrepreneurs or companies may result in a claim, in particular for trademark and trademark infringement, as the relevant laws provide for claims for injunctive relief including removal (also by way of a preliminary injunction), accounting, information, damages and publication of judgments.

Advertising per se (regardless of the medium) brings a certain degree of uncertainty: as long as it does not constitute an unfair commercial practice (in particular within the meaning of the Unfair Competition Act) (e.g. unfair exploitation or impairment of reputation, deception of origin or obstruction in the market, any other confusion or association with UEFA) and the advertising message is purely descriptive (i.e. description of the characteristics and properties of the advertised products and services), advertising should be permissible in principle. It is essential to refrain from giving the impression (in particular by misleading) that the advertiser is one of UEFA’s accredited partners, sponsors or other companies or rights holders associated with UEFA. You should refrain from creating or having your own European Championship logos, European Championship signs, European Championship stickers and much more or even the organisation of competitions that suggest an inadmissible reference to the protected rights of UEFA. Examples of what is permissible and what is not recommended are given by the Chamber of Industry and Commerce on its website.

 

For further information, please contact:

Thomas Schneider, Partner

Zumtobel + Kronberger, Salzburg

e: schneider@eulaw.at

t: +43 662 624500

 

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