The 2026 FIFA World Cup will be more than a global sporting event - it will be a legal battleground. A single unauthorized ad could trigger claims from both players and FIFA, exposing brands to a complex web of rights, obligations, and enforcement actions. Understanding this landscape is essential for any marketer, agency, or athlete planning to engage with the tournament.
The Legal Risks of Unauthorized Marketing
Unauthorized marketing around the World Cup is a high-stakes gamble. A single ad featuring a player’s likeness or World Cup-themed imagery can lead to multiple legal claims, each with its own set of rules and consequences.
State Right of Publicity Claims
The United States lacks a federal right of publicity law. Instead, each state has its own rules governing the commercial use of a person’s name, image, or likeness. This means that a player’s rights can vary dramatically depending on where the unauthorized use occurs. For instance, California has some of the strongest protections in the country, while other states may offer little or no statutory recourse. The key takeaway is that unauthorized use of a player’s image - whether real or illustrated - can lead to legal action, especially in jurisdictions with strong protections.
False Endorsement Claims Under the Lanham Act
The Lanham Act provides a federal cause of action for false endorsement. If a player’s image is used in a way that could confuse consumers into believing they endorse a product, the advertiser could face a claim under Section 43(a) of the Act. This is a powerful tool because it applies uniformly across the U.S., unlike state-by-state right of publicity laws. However, it also raises questions for foreign athletes. A player like Kylian Mbappé, who is not domiciled in the U.S., may find it difficult to assert these rights in American courts, even if the unauthorized use occurs on U.S. soil.
FIFA’s Trademark Enforcement
FIFA’s approach to trademark enforcement is both broad and aggressive. The organization has a history of cracking down on ambush marketing - any activity that creates the impression of an official World Cup connection without proper authorization. This includes using imagery, timing, or context that could be interpreted as a covert promotion. FIFA’s enforcement extends beyond trademarks to include unfair competition and false designation of origin claims. A company holding naming rights for a stadium may find those rights revoked during World Cup broadcasts unless it is an official FIFA partner. This underscores the importance of securing proper authorization before any marketing campaign is launched.
The Player - FIFA Tension
During the World Cup, a player’s image is subject to multiple layers of control. FIFA’s participation agreements impose strict limits on how players can use their tournament participation for commercial purposes. Players cannot endorse products or services without explicit authorization, and promoting a competitor of an official sponsor is generally prohibited. These restrictions often conflict with a player’s personal right of publicity, which under U.S. law allows them to commercially exploit their own image and likeness.
This tension creates a complex legal environment where a player’s personal rights may be limited by contractual obligations to clubs, national teams, and sponsors. A U.S. court analyzing a claim could apply state law that exists independently of these contractual restrictions, leading to potential conflicts and litigation.
Preparing for the Legal Landscape
For brands and agencies, the lesson is clear: marketing that suggests a relationship with FIFA or a specific player without proper authorization is a recipe for litigation. Avoid using terms like "FIFA World Cup" in ads that could imply an affiliation with the organization. For players and their representatives, the interplay of rights among FIFA, clubs, national federations, unions, and individual players must be carefully mapped before any endorsement deal is executed.
Services like IP Defender track filings across national trademark databases, which can help catch conflicts early. IP Defender monitors 50+ countries (whole EU, USA, Australia and many more), EUTM and WIPO databases.