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The Legal Issues Surrounding Sponsorship At The Rugby World Cup

Sport sponsorship can often come with various complications and issues, but it’s certainly something that is worth the time and hassle given the global exposure. Sponsorship is an excellent way of enhancing brand image and tends to catch the public eye – by attaching your name to that of a top class event you too look like one of the best names in your field.

But, to be associated with the best does cost money. Top brands sign big deals to get their name in front of the eyes of the watching millions and that does mean there are a great deal of rules and regulations. These protect the investment these brands make to ensure that they get the full benefit from the cash they pay. SAB Miller’s shares jumped 7.5% in value at the time of the 2007 Rugby World Cup – this year’s batch of sponsors will be hoping to be the 2015 equivalent.

Brands or businesses without an official relationship with the Rugby World Cup would do well to heed the rules – and will probably be more aware of such issues after the London Olympics where papers made headlines from bakers being banned from using the Olympic rings.

The truth is, if you haven’t paid to be an official sponsor then you cannot try to make a direct use of the tournament’s ‘brand’ to boost your own.

Ambush marketing, otherwise known as guerrilla marketing, is on the rise in recent years and the Rugby World Cup organisers will be braced for dealing with sneaky attempts by companies to muscle in on the action without paying for the privilege.

An innovative, recent example of guerrilla marketing took place at the 2012 Olympics. Irish bookmaker Paddy Power, which is well known for pulling off near the knuckle sport related gags and jokes, placed many advertising boards throughout London which stated ‘official sponsor of the largest athletics event in London this year’.

It eventually turned out that, in the small print, Paddy Power had referred to a small annual egg and spoon race in a French town named London. Despite the protests and legal action of London 2012’s organisers, rival corporations who were genuine sponsors and many more, Paddy Power was cleared of any wrong-doing. Some may argue that the furore alone did the job even better than the campaign itself.

Paddy Power is smart and adept at getting the most out of these situations. There will be others looking to follow in their footsteps but they would be wise to be as clever as Paddy Power in ensuring they say the right side of the law to avoid a potentially costly legal battle.

Organisers will be hoping to catch people out since the success of the likes of Paddy Power encourages others to try this avenue instead of paying for official deals.

For example, if Toshiba’s biggest rivals are able to profit from guerrilla marketing at this year’s Rugby World Cup, the Japanese giant will probably question its investment.

 

By Darren Heitner

Darren Adam Heitner, Esq., is a preeminent sports attorney and the founder of Heitner Legal, P.L.L.C., a Fort Lauderdale-based law firm specializing in sports law, contract negotiations, intellectual property, and arbitration. He earned his Juris Doctor from the University of Florida Levin College of Law in 2010 and a Bachelor of Arts in Political Science, magna cum laude, from the University of Florida in 2007, where he was named Valedictorian of the College of Liberal Arts and Sciences. Admitted to practice in the state bars of Florida, New York, and the District of Columbia, as well as multiple federal courts, Darren also serves as a certified arbitrator with the American Arbitration Association.

As an adjunct professor, Darren imparts his expertise through teaching Sports Law at the University of Florida Levin College of Law and Name, Image, and Likeness (NIL) at the University of Miami School of Law in the Entertainment, Arts, and Sports Law LL.M. program. His scholarly contributions include authoring several books published by the American Bar Association, such as How to Play the Game: What Every Sports Attorney Needs to Know, and numerous articles in prominent publications like Forbes, Inc. Magazine, and Above the Law. His thought leadership in NIL has earned him recognition as one of the foremost experts by The Wall Street Journal, USA TODAY, and On3, and he has been lauded as a “power player in NIL deals” by Action Network and a “top sports trademark attorney” by Sportico.

Darren’s passion for sports law led him to establish Sports Agent Blog on December 31, 2005, initially titled “I Want To Be A Sports Agent.” The platform, created as a New Year’s resolution, has grown into a cornerstone of the sports agency community, offering in-depth analysis of industry trends, legal disputes, and agent-player dynamics. His commitment to the field is further evidenced by his representation of numerous athletes and sports agents, as well as his prior role as an Adjunct Professor at Indiana University Bloomington, where he developed and taught a course on Sport Agency Management from 2011 to 2014.

Darren’s contributions have been recognized with prestigious honors, including the University of Florida’s 40 Under 40 Award, the University of Florida Levin College of Law’s Outstanding Young Alumnus Award, and designation as the best lawyer in Fort Lauderdale by Fort Lauderdale Magazine. He remains an active voice in the sports law community, sharing insights through his weekly NIL newsletter and his X posts, engaging a broad audience on legal developments in sports.