Who calls shots in city’s enforcement of FIFA trademarks?

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As of June 12, bylaw officers will crack down on violations of FIFA World Cup branding and trademarks – but the City of Toronto won’t say what that will entail.

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While Sharon Bollenbach, executive director of the city’s World Cup secretariat, said in a statement that the focus will be on “education and co-operation,” the city would not answer most questions from the Toronto Sun about enforcement, such as what it might look like and whether more bylaw officers will be hired to work during the tournament.

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City hall directed all questions about FIFA’s role in enforcement to the World Cup organizer itself.

FIFA did not clarify its role to the Sun, but said in a statement that it is “working closely with stadium authorities and host cities” to protect its brands “in a manner consistent with previous editions of the tournament” – a response that may or may not comfort Torontonians given the history of World Cup enforcement.

At the 2006 tournament in Germany, a thousand Dutch fans were made to take off their shorts, which sported branding from a non-sponsor brewery, leaving them to watch the soccer game in their underwear. More troubling still, in 2010, Amnesty International warned of “human rights concerns” related to regulations brought in to keep street vendors away from South Africa’s World Cup venues.

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While Toronto officials have been vague about the steps they would take, a representative of the City of Vancouver reportedly told the New York Times that bylaw officers will “enforce the removal of unauthorized commercial signs throughout the World Cup.”

In her statement, Bollenbach said that only “approved partners can use FIFA trademarks for commercial purposes,” and “if needed, existing city bylaws will be enforced.”

While she said efforts are being made to explain the rules to Toronto businesses, her statement provided little in terms of specifics on enforcement measures.

“During the event, the city will increase bylaw enforcement in key areas, including near Exhibition Place, Liberty Village and within 100 metres of the FIFA Fan Festival at Fort York and the Bentway,” she wrote, referring to what are known as the World Cup “clean zones.”

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What are clean zones?

On a web page about brand protection, FIFA says these zones are set up to “restrict the commercial activities of unauthorized businesses on match days and on the days leading up a match during tournament time.”

That includes enforcing special laws against “prohibited marketing activities, such as the distribution of promotional items or flyers by non-sponsor businesses,” the page says.

FIFA’s most noticeable influence in its clean zones will be the mandated de-branding of Toronto’s soccer venue, BMO Field, which will be known as Toronto Stadium during the World Cup.

In a followup statement, the City of Toronto said it expects to “deploy up to 60 staff on FIFA game days to enforce municipal bylaws, including illegal vending to support consumer protection. The work is expected to begin with the first game on June 12.”

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A question about whether FIFA branding rules would be enforced at places like community centres, churches and schools was ignored by city representatives.

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FIFA defended its approach to intellectual property enforcement, calling it “common practice for major international sporting events.”

“Investing time and resources to protect its brands is of paramount importance to FIFA in order to secure the revenue streams, which enable us to support the development and growth of football globally,” the organization said in its statement.

List of guidelines for businesses

While local businesses can’t use World Cup trademarks, FIFA says they can still get into the spirit of the tournament with their branding. The organization has a document, available online, on IP guidelines – essentially a list of branding dos and don’ts.

Bars can’t refer to the tournament by name on a sign, for example, but they can invite people to come in and watch soccer.

“FIFA encourages businesses and the public to use generic football or country-related images and/or terminology that do not incorporate any FIFA intellectual property,” the document says.

However, it also warns: “The guidelines are not to be used as a tool to avoid legal liability with the deliberate intent to ambush FIFA’s marketing rights” – presumably stunts like the 2006 Dutch shorts incident.

jholmes@postmedia.com

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