Advertising around major sporting events: What leeway do companies have?

Major sporting events such as the Winter Olympics in Milan-Cortina or the 2026 FIFA World Cup attract enormous public attention. They offer an attractive environment for marketing campaigns, but also significant legal pitfalls. Even though sporting events themselves do not belong to anyone, many associated rights are protected.
For brands, it is therefore crucial to understand the boundary between permissible reference and impermissible imitation when advertising.

Are companies allowed to use major sporting events in advertising?

The legality primarily depends on trademark and competition law. The key question is whether protected marks are used or whether the advertisement gives the impression to the public of an official connection to the organizer.

In particular, the following are prohibited:

• The trademark-like use of protected event names, logos, emblems, or slogans without the rights holder’s consent;
• Designs referring to the major event that could be understood as indicating origin or quality;
• Statements suggesting a sponsor or partner relationship.

By contrast, purely descriptive references—such as to the timing or thematic context of a campaign—are permissible, provided that the advertising is not understood as indicating a licensing or sponsorship relationship.

When does advertising become impermissible “ambush marketing”?

“Ambush marketing” describes advertising that connects to a major event without contractual authorization in order to benefit from its media presence, image, or public interest. Advertising without official sponsor status is not automatically illegal. The German Federal Court of Justice (BGH) has clarified that organizers do not have a monopoly on the general attention and enthusiasm for a tournament (BGH, judgment of 12.11.2009 – I ZR 183/07 – “WM Marken/Ferrero”).

Nevertheless, caution is advised. Ambush marketing becomes legally problematic especially when:

• Protected marks are used in a trademark-like manner;
• The impression is created that the company is an official partner or sponsor;
• The image of the sporting event is deliberately and unfairly exploited for the company’s own purposes.

Assessment is always based on the overall impression of the advertisement from the perspective of the average consumer. Individual elements that are permissible on their own can become problematic in combination.

What applies to advertising on social media and digital formats?

Advertising around major sporting events often takes place on digital channels. In addition to trademark and competition law, advertising rules under the Interstate Media Treaty (MStV) must also be observed. These rules are not limited to traditional broadcasting but also cover digital and online media, such as livestreams, highlight clips, or social media communications with a sports reference.

A central requirement here is the principle of separation. Advertising must be clearly identifiable as such and separated from editorial content.

Particularly problematic are:

• Insufficiently labeled social media posts;
• Advertising content in the context of livestreams or highlight clips.

Violations of these rules can not only be challenged as illegal surreptitious advertising under media law but also typically constitute misleading advertising under Section 5a(4) UWG.

The provisions on broadcasting major events and brief reporting (§§ 13, 14 MStV) limit the media exclusivity of rights holders but do not confer any further rights for advertisers.

What should be considered for prize draws and competitions in connection with sporting events?

Prize draws and competitions are a popular marketing tool around major sporting events but carry legal risks, as they often have a strong promotional character and can suggest a special connection to the event.

Particular caution is required with:

• The giveaway of tickets or VIP experiences;
• Travel prizes to event locations;
• The use of protected event marks in promotion.

Strict transparency requirements also apply. Terms and conditions must be clear, understandable, and easily accessible.

Do different rules apply for the Olympics and football tournaments?

Yes. The legal leeway differs significantly.

Olympic Games: particularly restrictive protection
In Germany, the Olympic Games are subject to a specific and particularly strict protection regime under the Act on the Protection of the Olympic Emblem and Olympic Designations (OlympSchG). According to §§ 1 and 3 OlympSchG, the use of the terms “Olympics,” “Olympiad,” or “Olympic” as well as the Olympic rings in commercial contexts is prohibited if it is likely to cause confusion with the Olympic Games or the authorized organizations or to exploit their reputation unfairly.

Protection therefore applies even below the threshold of trademark-like use and also covers advertising that could still be classified as descriptive or allusive under general trademark law.

Specifically prohibited are product- or quality-related uses of Olympic terms that convey a sense of special quality, endorsement, or proximity to the Olympic movement. In the “Olympia Pflegeset” decision, the BGH classified such use as unfairly exploiting reputation, as the public would expect special quality or a connection to the Olympic organization (BGH, judgment of 15.05.2014 – I ZR 131/13).

On the other hand, the BGH clarified that not every use of Olympic terms is per se prohibited. In the decisions “Olympia Rabatt” and “Olympiareif,” a rather liberal approach was applied to purely metaphorical or colloquial expressions, provided they are clearly not referring to the Olympic Games as an event but merely as figurative exaggeration (BGH, judgment of 15.05.2014 – I ZR 131/13; BGH, judgment of 07.03.2019 – I ZR 225/17). Thus, only loose linguistic allusions without product reference or any impression of organizational or commercial connection are permissible. Any specific or quality-suggesting use, however, carries significant legal risks.

FIFA and UEFA tournaments: larger but limited leeway
For football World and European Championships, no comparable special law exists. Descriptive terms such as “Football World Cup” or “World Championship” are generally permissible (see BGH, decision of 27.04.2006 – I ZB 96/05 (“Football WM 2006”); BGH, judgment of 12.11.2009 – I ZR 183/07 (“WM Marken/Ferrero”)).

However, even here, advertising designs must not create the impression of an official partnership or special proximity to FIFA or UEFA.

What consequences can result from infringements?

Infringing advertising can have significant economic consequences. Potential repercussions include:

• Claims for cease-and-desist and removal;
• Claims for disclosure and damages, often calculated based on hypothetical licensing fees;
• Reimbursement of warning costs;
• Regulatory measures including fines for media law violations.

What should companies keep in mind when planning campaigns?

The attention surrounding major sporting events can be leveraged—but only within clear legal boundaries.

In practice, companies should especially ensure that:

• References to sporting events remain purely descriptive;
• Protected marks and official designations are avoided;
• No direct or indirect sponsorship suggestions arise;
• Prize draws and competitions with event reference are legally reviewed in advance.

Early legal review enables companies to maximize permissible leeway and avoid legal disputes.