I had some stuff removed on Zazzle for using the term "World Cup" - obviously it was soccer related.

I see on their web site that the term "FIFA World Cup" is a trademark.

But on Wikipedia the term "World Cup" is defined as:

A World Cup  is a type of sporting competition.

Also what is with the term "Soccer World Cup" - who owns that?

Maybe someone of you has more info about this.

it can get pretty silly - some years ago the US Olympic committee sued businesses on the Olympic National park borders for using Olympic in their business names - not sure if they also went after our state capital, Olympia

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I uploaded soccer themes and used the term Soccer World Cup or just World Cup.

How else can I refer to this event?

"International championship that takes place every four years"

I respect their copyright but it's just a bit far I think.

Dont know about "world cup" , but I can tell u  that nobody who likes football in Europe or in almost all countries where football is national sport number 1
, never uses term soccer , and never will , FIFA and UEFA dont use that term also.


I guess they cannot copyright "world cup" cause the term is used in other sports world championships finals , If I had to bet the term they own is "FIFA world cup" , but Im not 100% positive about that

Did you have the word FIFA?

After thinking for a while , i think they may be right , you had photos that are obviously connected with football (or soccer if u prefer) and used a "world cup term" , most probably
u also used keyword "football".  Apparently  there is just one football world cup and its theirs , so even if you didn't used full term , everything else obviously show where u are pointing.

For example , if you had a photo of a gold cup trophy or whatever that can is called ( not the real one cause that statue is famous and copyrighted) , and used a "world cup" term but not football or some other sport keyword it would be ok cause there are many world cups and nobody can say you are digging in his yard.

Just my way of thinking

Last month I visited the trophy exhibition and I've just checked the photo souvenir they gave me (we could barely see the cup, we were directed to pose for the photo and then leave the way to the next in line).  It has "Get you FIFA World Cup�" and "The FIFA World Cup Trophy is a copyright and trademark of FIFA".  I don't  think they could really claim rights over a general expression like "World Cup 2010", but it seems they have:
http://www.worldcupblog.org/world-cup-2010/fifa%E2%84%A2-gets-its-2010%E2%84%A2-world-cup%E2%84%A2-trademark-on.html
http://www.bizcommunity.com/Article/196/147/16117.html
Now, these links are from 2007, and the second says the objection period was still open.  Has this been granted?

Ok, let's make a list of future sports events and possible cities/contries and trademark them.   

I really have no problem complying to their rights. I never tried to copy anything. I had my own designs and "only" used the words. If the words are trademarked or whatever, I will stop with my stuff.

Once you get the rights to something, you're entitled to it - that's how it works.

I'm just not so sure if the agencies are already aware of this, because iStock, Shutterstock , Fotolia, Dreamstime and the rest will be having a lot of trouble coming their way then using this term...

Let me get back to you on this one, you cant use "World Cup 2010", that's 120% certain.

I work in the design department of one of the worlds biggest bookmakers, and I remember the guys working on the world cup promotions had a major road bump in regards to the whole copyright thing a couple of months ago.

I'll check on Monday, I know they had their legal dudes double check everything was OK before progressing. How exactly they progressed im not 100% sure of(since i didn't work on it). If memory serves me right, "world cup" on its own was acceptable. But again, let me double check that on Monday.

Anyway, in the case of key-wording. I cant see the big issue. Just use terms as football, stadium, crowd etc etc.  Unless somebody is looking for a actual picture of the cup (as in, the trophy) it wont really matter?

Although those links don't say, I'm sure FIFA also has rights over the translation of those terms in other languages, so "�frica do Sul 2010" and "Copa do Mundo 2010" are also forbidden?

apparently, the guys out at work who are working on world cup have been told by the legal dudes to to avoid using the words "world cup" all together. bless them  

I thought so. I'm just going to avoid that from now on. Thanks for getting back here.

I just received an answer from iStockphoto about the term "World Cup".

This is a quote from iStock:

... There is no copyright of the term "world cup" ...

... Just showing the term "world cup" is ok, even with a soccer ball, but you should try not to reference FIFA directly. ...

Now, I'm stumped.

Quote from: daniel_mouritsen on March 27, 2010, 21:02

Let me get back to you on this one, you cant use "World Cup 2010", that's 120% certain.

... but I can assure you to use the words "world cup" or "world cup 2010" as keywords for a stock photo is no problem whatsoever even if you also have the word "football" as well.

I'm more interested in using the term "World Cup" in the actual design. "World Cup 2010" is supposedly a bit too hot as it's quite specific (I'd assume).

However, my designs were removed from Zazzle because of the term "World Cup" incorporated into the design. No mentioning of FIFA anywhere.
I wonder how the copyright holder explained that to Zazzle...?

... If Zazzle removed your design then that's their right they can decide what appears on their site, but I'd say they are very wrong to tell you that you cannot use the term "world cup", and as you've pointed out above iStock agree.

I understand that any agency/business has their right to decide what appears on their site and what not.

However, Zazzle informed me that the copyright holder contacted them and therefore they were forced to remove the content. I really don't want to open a can of worms and poke Zazzle why this was possible while iStock has no problem using those terms in a design.

@click click

I just checked for you, FIFA (Switzerland) registered a class 25 trademark for "World Cup" on 12th March 1999 which expires on 19th January 2020. The important bit it's a class 25 registration which applies to using the term "World Cup" on the following goods or services: Football boots, football shirts, football shorts, football socks & football clothing.

They also have worldwide multiple class registrations on "FIFA World Cup" and "2010 FIFA World Cup South Africa" and "South Africa 2010" on certain classes.

The term "World Cup" alone is not able to be registered as an all class trademark.

There are literally hundreds and hundreds of registered trademarks that feature "world cup" as part of the trademark.

In summary what this means is that:

- nobody can trademark just the term "World Cup" so that nobody else can use it.

- having just looked at Zazzle (sorry I thought they were a stock site) they print clothing and herein lies your problem, if your design also features a football related theme it could be viewed as being 'football clothing' as listed under the class 25 registration if printed on some of Zazzle's clothing and I'd imagine that's why they removed it. Although they are still wrong to tell you "world cup" can't be used in a design.

- You can however still do your design and use "world cup" and a football theme and you can sell it on a stock site, the problem would arise if somebody then used it on one off the items as listed in the class 25 registration, selling it as RF might be a problem because a buyer doesn't get any specific usage restrictions with the license when they purchase it, but then again strictly speaking that's their problem not yours, most stock sites however tend to lean towards caution.

Sorry I was editing my reply above when you typed your last post (my wife shouted dinner was ready  )

For all the hassle involved maybe move onto another design

The problem is that many companies are intentionally mis-using copyright and trademark law to benefit themselves.  They know they can't enforce some restrictions but they also know that no one wants to fight a costly legal battle with them.  So when they see a usage they don't like, even a legitimate one, they speak the magic word "lawsuit" and everyone knuckles under.

The same goes for companies and organizations that improperly prohibit the taking of photographs in public places.  They can't do that (at least in the US--the Supreme Court has upheld these rights repeatedly) but they intimidate people with unenforceable legal threats that they know no one wants to fight because of the costs involved.

It's a shame.

... I plan to design World Cup t-shirts myself, even if not using the term in the design, but I would certainly make reference in the description (and keyword).  I might even make a folder with World Cup related items.

The more I talk about this, the more I feel like I'm doing something wrong.

I know that I'm not trying to make my designs look like rip-offs of the official FIFA merchandise line but in the end it comes down to that FIFA is holding this event and created this event and we are trying to monetize it by selling stuff that relates to the event.

Is it just my conscience talking or is it really wrong?

Click_click,

Interesting thought, but no, I don't think we're trying to monetize on FIFA's event.  We're taking a market opportunity, like Easter, Christmas, etc.  Selling a t-shirt saying "Brazil rumo ao hexa" (which is a direct connection with the world cup, "hexa" meaning the 6th title we'll be fighting for), "Forza Italia" or "Allez les bleus" are just merchandise for sports fans to use during the games, even if staying home.  It's not different from selling flags and vuvuzelas with the colors of a country. 

It's fair that I can not use FIFA's logo, in order not to be competing with their official merchandise. It's fair that I can not use the participating countries' offical insignias as well.  But there is nothing wrong about selling stuff that may appeal to football fans.

OK that makes me feel better. On to some new designs.

Hmmm!

In the UK we have Premier League football, and all photographers have to sign a licensing agreement agreeing to what it can be used for - basically editorial material. Anything else, posters, football cards, t-shirts etc, and you loose young license and feel the wrath of their hitmen. The license cost's a photographer / agency money, you need public libaility insurance, and have to be established before they'll give you one. In effect it's now a closed shop for any freelancer starting out.

I can keyworkd Premier League 09/10 season as much as I want, but woe betide I try and give the impression any image I create was taken at a premier league ground or invloves their logo if I sell for otherwise than editorial.

Simple was around this was to take pics of UK teams oversea's in European competition or friendly matches. Unless you signed anything before the game you were OK, and could do as you wanted with this pics.

I used to apply for World Cup passes for a large sports agency, again the problem is the restriction on how they could be sold. No problem with editorial use, but marketing merchanside etc is a hangable offence unless you are their "official" photographers.

With the amount of money in football, their rights are protected very well, hence the details posted earler that FIFA had filed back in 1999.

If you want to take a pic of a football on a South African flag, then I would caption away as "world cup 2010 soccer football". Stick the same image with the trophy on it, and it could be a problem.

Istock are correct and "world cup" is not copyrighted per se, but any photographs claiming to represent it or taken in the stadia are governed by licensing restiction.

Saying all this, every match I have ever attended (100's) has had unlicensed merchandise for sale outside the ground, all that's got to come from somewhere. Unless you need to stay on the right side of governing bodies so they will continue to grant photographer's passes, then I would not worry too much.

On a final note, I always thought football / soccer was the people's game! Fat chance when it becomes a money spinning business opportunity. Half of the World CUp Final match's ticket's go to sponsor and FIFA hangers on. The real fan get ripped off for their meagre allocation of seats. In England the former are all know as the "prawn sandwich brigade", i.e they don't attend matches for fun, just to fill their corpulent bodies with fine food and drink trendy wine.

Rant over for the Easter weekend

Oldhand

Hmmm!

In the UK we have Premier League football, and all photographers have to sign a licensing agreement agreeing to what it can be used for - basically editorial material. Anything else, posters, football cards, t-shirts etc, and you loose young license and feel the wrath of their hitmen. The license cost's a photographer / agency money, you need public libaility insurance, and have to be established before they'll give you one. In effect it's now a closed shop for any freelancer starting out.

I can keyworkd Premier League 09/10 season as much as I want, but woe betide I try and give the impression any image I create was taken at a premier league ground or invloves their logo if I sell for otherwise than editorial.

Simple was around this was to take pics of UK teams oversea's in European competition or friendly matches. Unless you signed anything before the game you were OK, and could do as you wanted with this pics.

I used to apply for World Cup passes for a large sports agency, again the problem is the restriction on how they could be sold. No problem with editorial use, but marketing merchanside etc is a hangable offence unless you are their "official" photographers.

With the amount of money in football, their rights are protected very well, hence the details posted earler that FIFA had filed back in 1999.

If you want to take a pic of a football on a South African flag, then I would caption away as "world cup 2010 soccer football". Stick the same image with the trophy on it, and it could be a problem.

Istock are correct and "world cup" is not copyrighted per se, but any photographs claiming to represent it or taken in the stadia are governed by licensing restiction.

Saying all this, every match I have ever attended (100's) has had unlicensed merchandise for sale outside the ground, all that's got to come from somewhere. Unless you need to stay on the right side of governing bodies so they will continue to grant photographer's passes, then I would not worry too much.

On a final note, I always thought football / soccer was the people's game! Fat chance when it becomes a money spinning business opportunity. Half of the World CUp Final match's ticket's go to sponsor and FIFA hangers on. The real fan get ripped off for their meagre allocation of seats. In England the former are all know as the "prawn sandwich brigade", i.e they don't attend matches for fun, just to fill their corpulent bodies with fine food and drink trendy wine.

Rant over for the Easter weekend

Oldhand

Yes, agreed .

The thing is that even if you're permitted to submit editorials, with an event like World Cup where they have their own syndication, no newspaper will pay for your work anyway when they can get it from the syndycates.
Same thing with rock concerts, etc..  Every top draw has their own distributor, and you're really wasting your time trying to sell editorials of something taken behind the crowd,etc. when their own officials are on stage, etc..
The press knows that, and will not waste their time looking through stock editorials, they go straight to the syndicates to get a copy of what they want.
My point isn't whether one is allowed to shoot or not, but more whether it's worth the trouble.

"South Africa 2010" is a trademark?  Ridiculous.

"South Africa 2010" is a trademark?  Ridiculous.

Maybe they like us but without penetration...

hello, do you mind sharing more of that mail?

Just curious because there are references to the term "World Cup".

I am very curious because I'm working on a web project and i would like to know if I am allowed to use in the website, the terms "World Cup". E.g. Come find out more about your favorite World Cup players.

Honestly, I'd recommend to contact FIFA directly to ask about that or talk to a lawyer.

I'm absolutely unable to give you any recommendation if you can use the term or not.

I just wanted to let everyone here know what happened to me and not what they can do.