With the FIFA World Cup 2026 in the United States, Mexico and Canada and the FIFA Women’s World Cup 2027 in Brazil, advertisers and brands looking to engage the Brazilian market need to be especially cautious. The temptation to associate products, campaigns and promotions with one of the world’s largest sporting events is understandable from a commercial standpoint. However, a lack of awareness of the legal boundaries of such association can quickly turn a creative campaign into a legal dispute.
This article provides a practical overview of the distinction between ambush marketing (prohibited) and opportunity marketing (permitted), based on current Brazilian legislation and FIFA’s intellectual property guidelines.
What is ambush marketing
Ambush marketing occurs when a company that is not an official sponsor of a sporting event deliberately creates the perception of a link with that event to gain a commercial advantage. It is not necessary to use a trademark or other distinctive sign belonging to the event organizer: it is enough to construct an advertising narrative that suggests to the consumer an association that does not actually exist.
The practice is generally divided into two categories:
- Ambush by association, which occurs when a brand uses visual elements, terms or contexts that lead the public to believe that the company is a sponsor or is otherwise affiliated with the event. For example, a retailer launching a “World Cup Sale 2026” or “Mundial 2026” promotion using colors and typography similar to the tournament’s official branding.
- Ambush by intrusion, which involves the display of unauthorized brands at competition venues, within commercial restriction perimeters or through the “invasion” of official broadcasts and editorial spaces reserved for sponsors.
What Brazilian law says
Brazil’s legal framework provides multiple layers of protection against ambush marketing. The first is the Industrial Property Law (Law No. 9,279/1996), whose Article 195 defines unfair competition as a criminal offense, punishing those who use fraudulent means to divert clientele or exploit third-party advertising expressions. The same statute also criminalizes the unauthorized reproduction, in whole or in part, of a registered trademark or its imitation in a manner capable of causing confusion (Article 189), as well as the importation, exportation, sale, offering for sale, concealment or maintenance in stock of products bearing an unlawfully reproduced or imitated trademark (Article 190).
The second layer came with the General Sports Law (Law No. 14,597/2023), which was a landmark in expressly criminalizing ambush marketing. Articles 170 and 171 classify ambush by association and by intrusion, respectively, as criminal offenses, carrying a penalty of three months to one year of detention, or a fine. Criminal prosecution in these cases requires a formal complaint by the sports organization holding the violated rights (Article 172).
Beyond the courts, CONAR (the Brazilian National Advertising Self-Regulation Council) condemns advertising benefits obtained through “free riding” on sporting events. CONAR proceedings are swift, and its recommendations to cease advertisements are voluntarily followed by virtually all media outlets in the country.
Enhanced protection for 2027: Provisional Measure 1,335/2026
A point that deserves special attention from foreign companies operating in Brazil is Provisional Measure No. 1,335/2026, published in January 2026. This measure does not apply to the 2026 Men’s World Cup (which will take place outside Brazil), but rather to the FIFA Women’s World Cup 2027, to be hosted by Brazil in eight cities between June and July 2027.
The Provisional Measure establishes a special protection regime that includes automatic recognition of well-known mark status for FIFA’s trademarks at the Brazilian Patent and Trademark Office (INPI), without the need for proof; a fast-track procedure for trademark registrations related to the event; the rejection, ex officio, by NIC.br (the Brazilian domain name authority), of domain registrations using expressions identical or similar to FIFA’s trademarks; and the creation of commercial restriction zones around stadiums and FIFA Fan Festival venues in the host cities. To implement this Provisional Measure, INPI issued Normative Order No. 58, dated February 23, 2026, which establishes internal procedures for the special protection of trademarks and industrial designs related to the FIFA Women’s World Cup 2027.
For companies doing business in Brazil, this means that the regulatory landscape will be even more stringent in the coming months, with two simultaneous fronts of protection: permanent legislation (the Industrial Property Law and the General Sports Law) applicable to the 2026 World Cup, and special legislation (Provisional Measure 1,335) focused on the 2027 Women’s World Cup.
What FIFA protects: terms and assets under exclusivity
FIFA’s protection extends well beyond the event logo. The FIFA Intellectual Property Guidelines (version 2.0, June 2024) list a broad portfolio of assets protected by trademark law, copyright and unfair competition legislation in virtually every country in the world.
Key protected assets include:
- Official names: “FIFA World Cup”, “Copa do Mundo FIFA 26” and “FWC26”;
- Slogans: “We Are 26” and “Somos 26”;
- Geographic marks linked to host cities (such as “Miami 26” and “Toronto 26”);
- Visual symbols such as the Official Emblem, the World Cup Trophy and the official mascot;
- and the exclusive typeface “FWC 26”, whose standalone use in advertising materials may be sufficient to constitute infringement.
FIFA monitors the use of these trademarks through artificial intelligence tools and specialized legal teams, including on social media and online marketplaces. Platforms such as Instagram, TikTok and Mercado Livre have cooperation agreements in place for the automatic removal of infringing content.
Opportunity marketing: where advertisers have freedom
Unlike ambush marketing, opportunity marketing consists of the legitimate use of a cultural context to generate brand relevance, without using third-party intellectual property. FIFA itself acknowledges, in its guidelines, that there are legitimate ways to celebrate the tournament without infringing any rights.
Brazilian case law supports this distinction. In a landmark case during the 2014 World Cup, the Rio de Janeiro Court of Appeals held that elements such as the colors green and yellow and the depiction of fans are in the public domain and cannot be exclusively appropriated, provided that protected symbols such as federation crests are not used.
Practical guide: what you can and cannot do
Advertisers can:
- Use green, yellow, blue and white creatively, without reproducing the design of official uniforms
- Use generic terms such as “football”, “fans”, “goal”, “champion” and “football season”
- Create imagery with generic footballs, pitches, nets and player silhouettes
- Decorate stores and displays with patriotic and generic sports themes
- Run promotions such as “buy and win fan merchandise”, as long as they do not suggest official endorsement
Advertisers cannot:
- Use terms such as “Copa do Mundo”, “FIFA”, “World Cup”, “FWC26”, “We Are 26” or “Somos 26” in promotional materials
- Reproduce the official mascot, the World Cup Trophy, the Official Emblem or host city logos
- Create promotions that suggest official status, such as “Official World Cup Promotion” or “FIFA Ticket Giveaway”
- Use domain names, hyperlinks, URLs or hashtags containing FIFA trademarks
- Use the tournament’s exclusive typeface in advertising materials
- Share official FIFA content on their social media channels
How to avoid issues when running themed campaigns
Prevention is the best strategy. Companies and agencies should conduct a prior legal audit of all advertising materials before publication, especially for digital content. It is also essential to review contracts with agencies and influencers, including clauses that expressly prohibit the use of third-party intellectual property without authorization.
The World Cup is a celebration that captivates audiences across Brazil and beyond. Advertisers can and should tap into that energy, but the safe path requires originality (creating your own visual identity), abstraction (using universal sports symbols rather than tournament-specific assets) and vigilance (consulting intellectual property professionals before launching campaigns).
Ricci Propriedade Intelectual has a dedicated team of professionals ready to advise your company on how to position your brand during the 2026 World Cup and the 2027 Women’s World Cup without legal risks.
