The World Cup approaches: It is time to quick chat about ambush marketing

Ambush marketing can be defined as the attempt to attract attention and publicity during well known events that already holds its official sponsors. The intention is to lead the consumer to believe that the specific mark/company is endorsed by the event’s official organizers, not to mention the “free exposition” through the television! This type of unfair competition is quite common on big scale events, such as the World Cup, Lollapalooza and Rock in Rio.  

 

Every four years FIFA discloses its official sponsors, who invest significant amount of money to expose its trademarks and advertisement during the event with exclusivity (it is estimated that FIFA earned approximately US$ 100 million on sponsorship). The official sponsors hold the right to use the World Cup’s official symbols and to make direct reference to the event in its advertisements. Therefore, it is quite common that both FIFA and the official sponsorships goes to Court before and during the competition to challenge third parties that somehow takes advantage of the World Cup to promote its brands without any investment. 

 

There are two types of ambush marketing: by association and by intrusion. The ambush marketing by association takes places when a non-sponsor company uses the World Cup tradition logo to directly promote its goods, attracting the consumer attention and leading the public to understand that the brand is an official sponsor (status). 

 

 

On the other hand, the ambush marketing by intrusion of the advertising space happens when the non-sponsor uses the event’s space (the stadium, for example) to promote its brand. It is the classic case that happened on 2006 during the World Cup in Germany, when Brazilian player Ronaldinho Gaúcho had to take off a Nike hairband, since the official sponsor of the event was Adidas. It is interest noting that, after this episode, a sportive marketing consulting agency performed a survey that revealed that an expressive number of interviewed declared that the official sponsor was Nike! Another interesting case happened during the World Cup in South Africa, when a group of more than 30 Dutch women dressed all in orange entered in the stadium separately. They later gathered in the stadium, causing FIFA to state that it was an ambush marketing by intrusion planed by Bavaria, even tough the brand Bavaria was not exposed by the group. At the time, Budweiser was the official sponsor (the women were banned from the stadium and two of them were arrested).

 

It is not that non-sponsors cannot address absolutely nothing about the World Cup but shall carefully address the event’s attractivity and magnetism without using symbols or occupying the advertising space.

 

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Author: Rafaella Franco, Associate Lawyer at Peduti Advogados.

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“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”

“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”

The recognition of the strawberry from the Pioneer North of Parana as a Geographical Indication Registration

The Geographical Indication (G.I) registration is a collective tool developed for the valorization of traditional products from a certain region, with the main function of adding value to the product and protecting the producing region. In Brazil, this subject was introduced on the occasion of the enactment of the Industrial Property Law No. 9,279/96.

 

In Brazil there are two types of Geographical Indication, the indication of origin and the denomination of origin. In both modalities, protection will fall on the “geographical name”, constituted both by the official name and by the traditional or usual name of a determinable geographical area. The legislation in force does not establish a period of validity for Geographical Indications, so that the period for the use of the right is the same as the existence of the recognized product or service, within the peculiarities of the Indications of Origin and the Denominations of Origin.

 

In this sense, it is very important to highlight that the Brazilian PTO recognized the registration of a geographical indication of the Strawberry from the pioneer North. The seal for the strawberry was granted in the Indication of Origin modality (application number BR 402020000015-9 and registration concession code 395), related to the tradition and reputation of the producers, which makes the region known as a fruit production center. The four municipalities concentrate more than 500 small fruit growers, around 8 million plants cultivated in almost 200 hectares, and an annual production volume that reaches close to 7 thousand tons. The pioneer north is considered the largest strawberry producer in the entire state.

 

 

With the strawberry from the pioneer north, Paraná now has ten products with the GI registration. The others are: Antonina’s Banana Bullet, Capanema molasses, Carlópolis Guava, Witmarsum Cheese, Marialva Grapes, Café do Norte Pioneiro, Honey from the West, Honey from Ortigueira, Yerba Mate São Matheus, from the South of Paraná . Four other products are awaiting certification from the INPI, such as Wines from Bituruna, Barreado from the Coast of Paraná, Cassava Flour from the Coast of Paraná and Cachaça de Morretes.

 

According to the strawberry producer and president of the Norte Velho Association (ANV), Carlos Inácio, the main changes made to the properties of the approximately 25 members were to prioritize the use of organic products, which do not harm the environment, and to use, when necessary, only chemicals registered for strawberry cultivation. “The objective is to present a safe food to the final consumer”, he emphasizes. With the crop protected, fruit growers are able to grow strawberries all year round. For him, who lives exclusively on income from the fruit, the G.I will bring more competitiveness.

 

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Author: Bruno Arminio, Associate Lawyer at Peduti Advogados.

Source: Geographical Indications registrations in Brazil and the recognition of the strawberry from the Pioneer North of Parana

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“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”

“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”

Brazil reaches 100 Geographical Indications

On this Tuesday, December 6, 2022, Brazil celebrates the recognition by the Brazilian Patent and Trademark Office of the 100th Brazilian Geographical Indication, the “Barreado do Litoral do Paraná”.

 

The first recognition took place exactly 20 years ago, which was the indication of source for wines from Vale dos Vinhedos, a region in the state of Rio Grande do Sul.

 

76 of these 100 indications are indications of source and 24 are apellation of origin.

 

 

The difference between these institutes is that the indication of source certifies that the region is known and recognized for the production of a product or provision of a service, while the apellation of origin certifies that the product or service has unique characteristics and qualities resulting from natural factors of the region or applied human processes.

 

35 geographical indications are from the Southeast region, 32 from the South region, 17 from the Northeast region, 12 from the North region and 4 from the Midwest.

 

64 of them are for agri-food products, 20 for non-agri-food products, 15 for wines and spirits and one for service.

 

The “Barreado do Litoral do Paraná” is a typical product of the coast of that state, which consists on products made of beef cooked exhaustively in a hermetically sealed pan with manioc flour gum, according to the tradition originating in the Azores, in Portugal.

 

In case of doubts or interest related to this subject, Peduti Attorneys i sat your disposal to assist you.

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Author: Rafael Bruno Jacintho de Almeida, Head of Prosecution, and Carollina Marfará, Associate Lawyer at Peduti Advogados.

Source: With the barreado do Litoral do Paraná, Brazil reaches 100 Geographical Indications

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“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”

“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”