What Indonesian Businesses Need to Know About Brand Protection Risks
The 2026 FIFA World Cup takes place across three host countries: United States, Canada, and Mexico. As the event’s global reach expands, marketing activities and commercial opportunities continue to grow. However, businesses that create an impression of official FIFA affiliation without authorisation risk serious consequences.
We’ll go through what ambush marketing is, what Indonesian enforcement looks like in practice, and what businesses should do before launching any World Cup-related campaign.
What Is Ambush Marketing?
Ambush marketing is a deliberate effort to associate a brand with a major event, and capture the commercial attention it generates, without being an official sponsor. It takes two forms:
Direct ambush: unauthorised use of protected marks such as the FIFA logo, official tournament name, or licensed imagery.
Indirect ambush: tactics that imply an official connection without using a protected mark directly; for example, event-themed imagery, the phrase “the big game,” or campaigns timed to match schedules.
FIFA treats ambush marketing as a direct threat to the commercial programme that funds the tournament. Official sponsors allocate substantial sums for exclusivity. When non-sponsors create a similar impression, the value of those rights reduces.
Examples from Past FIFA World Cups
Bavaria at the 2006 World Cup in Germany
Dutch brewery Bavaria distributed thousands pairs of branded orange lederhosen to Dutch fans at matches. Budweiser was the official beer sponsor. FIFA required the items to be removed from fans entering venues.
The Indonesian Cases: 2014 World Cup Broadcast Rights
PT Inter Sport Marketing held exclusive Indonesian broadcast rights under a trademark licensing agreement with FIFA, registered with the Ministry of Law and Human Rights. During the 2014 tournament, a Bali resort, screened the Netherlands vs Mexico match without a licence. Ultimately, the Supreme Court ordered the resort to pay damages to address the losses caused. Similar actions succeeded against other operators in Semarang.
These cases confirm the risks of unauthorised screenings. Cafes, restaurants, and hotels planning to show 2026 matches should confirm their licensing arrangements beforehand.
FIFA’s IP Framework for 2026
FIFA holds registered trademarks covering the tournament name, logo, mascot, slogans, and phrases such as “FIFA World Cup”, “World Cup 2026”, and “We Are 26”. Its IP Guidelines make clear that protection extends beyond exact reproduction – implied associations attract enforcement too. Indonesian businesses referencing the World Cup in any commercial context are exposed to FIFA enforcement.
How Indonesian Law Addresses Ambush Marketing
Indonesia has no dedicated anti-ambush marketing law. Three existing frameworks apply:
Trademark Law
Trademark registration in Indonesia is the first line of protection. Under Law No. 20 of 2016, unauthorised use of marks identical or substantially similar to a well-known mark in Indonesia may result in civil and criminal liability, including imprisonment and fines of up to IDR 2 billion.
Copyright Law
Under copyright law in Indonesia, Law No. 28 of 2014, unauthorised commercial use of FIFA’s logos, mascots, or imagery may lead to copyright infringement claims, damages, and criminal sanctions. Copyright protection of broadcast content is the basis on which the 2014 Indonesian cases were decided.
Rights holders can pursue injunctions and damages through the Commercial Court, file criminal complaints with the Indonesian National Police, or use customs to intercept infringing merchandise at the border.
Practical Implications
For Indonesian Businesses
Generic football themes, national team colours, and sport-related imagery generally carry lower risk, provided they avoid FIFA’s protected marks. Any campaign that could suggest official FIFA 2026 affiliation requires legal review before launch. Consider an IP audit of marketing materials before the tournament to identify exposure.
For Rights Holders
Maintain updated trademark registrations, use customs recordal, and monitor the market actively during the tournament. An experienced intellectual property lawyer can help build an enforcement strategy against potential threats.
For further information on brand protection and trademark enforcement in Indonesia, contact our team at enquiries@skclaw.id. SKC Law is an intellectual property law firm Indonesia specialising in prosecution, enforcement, and dispute resolution across all areas of IP.
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This content is provided for general information only and does not constitute legal advice. For advice on specific matters, contact enquiries@skclaw.id.
