Brazil prepares for IP battle (World Cup)

World IP Review bericht: "Even though Brazil won the right to stage the World Cup without competition from other countries, it still had to agree to the terms and conditions dictated by FIFA. The situation was classic Macaulay v Schroeder Music Publishing Co Ltd [1974] 1 WLR 1308, where there is no real negotiation between the parties. The Brazilian federal government had to accept the terms of the contract dictated by FIFA, or the World Cup would be staged somewhere else—England always being a willing alternative.

[...] Never an organisation to be associated with restraint, FIFA filed new applications for almost 100 trademarks to be considered of high renown. Other trademarks included: Natal 2014; Brasília 2014; Cuiabá 2014; São Paulo 2014; Rio 2014; Porto Alegre 2014; Manaus 2014; Fortaleza 2014; Belo Horizonte 2014; Curitiba 2014; Recife 2014; Salvador 2014; Brasil 2014; and Pagode.

Among the trademarks that have now been granted and enjoy the protection of highly renowned marks covering all goods and services in all classes are Pagode—a style of popular music in Brazil, over which FIFA is attempting to secure exclusive rights; and Natal 2014. The practice of combining the name of the city hosting games with the year of the event might seem fairly reasonable, but in the case of the city of Natal it has created a peculiar problem. ‘Natal’ is the Portuguese word for Christmas, and FIFA has secured exclusive rights in Brazil over the expression Natal 2014 (Christmas 2014 in English), which will make life difficult for Santa Claus and shop holders alike, particularly as FIFA’s special privileges last until December 31, 2014. Brazilians may have a great World Cup, but Christmas promises to be something of a letdown."

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