FIFA over-takes Ferrero in trademark race

The Hamburg district court has pronounced a judgment confirming the protection of FIFA trademarks. The court decided that, the world football governing body is entitled to forbid the Ferrero company from using the mark "Deutschland 2006" on its products.

In reaching its decision, the court referred to FIFA's German and European registered marks. This pronouncement of trademark protection in FIFA's favour reaffirms yet again that no other company may make commercial use of these marks.

According to a mail from the Zurich headquarters of FIFA to nigeriasports.com the judgment was passed in temporary injunction proceedings that the global soccer governors, had initiated against Ferrero in a move to protect its exclusive rights towards its own contractual partners.

Despite the fact that Ferrero had expected such a petition from FIFA and had therefore deposited a so-called letter of protection with the court outlining its legal interpretation, the Hamburg district court ruled in favour of FIFA.

In previous proceedings, the Hamburg district court had decided that Ferrero's attempts to register "Deutschland 2006" as a mark were unfairly obstructing

FIFA's commercial activities. Furthermore, Ferrero had officially declared before the Frankfurt district court several weeks ago that it would stop using the designation "WM 2006" on its goods.