Ambush Marketing in major events: What Does Brazilian Regulation Say?

Major sporting events are more than athletic competitions – they are actually global marketing arenas. With a major tournament approaching next year (the 2026 FIFA World Cup), brands are already developing structured marketing campaigns to secure visibility. This early creative cycle also brings renewed attention to a sensitive subject matter: ambush marketing.

In Brazil – a country globally recognized for its passion for soccer – advertising activity around major tournaments becomes particularly expressive. Brands frequently explore national colors, collective enthusiasm, and cultural symbols in their campaigns, which makes the drawing and the understanding of the boundaries between legitimate association and unauthorized exploitation especially relevant.

Because ambush marketing is restricted in many jurisdictions and not allowed under the rules established by event organizers, companies that are not official sponsors must seek lawful and creative ways to engage consumers while respecting intellectual property rights and the substantial investments tied to official partnerships. As advertising concepts are defined months ahead of major events, ensuring alignment with applicable legal frameworks becomes a key element of strategic planning.

How is Ambush Marketing Regulated in Brazil?

Brazil does not have a single, comprehensive statute dedicated exclusively to ambush marketing. Instead, the regulatory environment relies on a combination of general legal principles, intellectual property statutes and consumer protection rules. The only Brazilian law that addressed ambush marketing directly was the now-revoked “General World Cup Act” (Law No. 12,663/2012), enacted specifically for the 2014 FIFA World Cup, which took place in Brazil. Although no longer in force, it introduced definitions that still influence legal interpretation and industry practices.

• General World Cup Act (Law No. 12,663/2012): Although not currently in force, such law introduced concepts that help defining ambush marketing, prohibiting: By Intrusion (unauthorized promotion within the physical or broadcast environment of an event to gain undue visibility) and By Association (suggesting a false link with the event, creating confusion about sponsorship or endorsement).
• Industrial Property Law (Law No. 9,279/1996): Protects trademarks (such as the competition official names and symbols) and penalizes acts of unfair competition, including reproduction or imitation of signs or slogans that may cause confusion.
• Copyright Law (Law No. 9,610/1998): Safeguards mascots, logos, and official designs.
• Consumer Protection Code (Law No. 8,078/1990): Prohibits misleading advertising that may suggest official sponsorship.
• Self-Regulation (CONAR – the Brazilian National Council for Advertising Self-Regulation, a non-governmental organization that promotes ethical and responsible advertising in Brazil through a code of conduct): The Brazilian Advertising Self-Regulation Code condemns advertising that associate the announcers to events without authorization, emphasizing transparency and fair competition. Failure to comply may result in sanctions such as suspension of the advertisement.

What Is Allowed (and What Is Not)?

In practical terms, the Brazilian environment requires brands to balance creativity with compliance:

• Allowed: Generic references to sports or national identity (e.g., colors of the Brazilian flag), provided that they do not incorporate protected intellectual property.
• Not Allowed: Use of official logos, mascots, slogans, or any element that suggests endorsement by event organizers. Campaigns implying sponsorship without authorization are considered misleading and may trigger legal action.

Practical Guidance for Advertisers and Marketing Agencies

• Plan Early and Review Thoroughly: Ensure creative concepts avoid protected IP and misleading association.
• Use Generic Themes: Football-related imagery and national colors are generally acceptable if not combined with official trademarks.
• Monitor Official Guidelines: Organizers often publish brand protection guides. These documents are not law but serve as a temperature check—they reveal what organizers consider problematic and what could lead to complaints or enforcement.
• Assess Risk: Even if a campaign seems compliant, consider how it might be perceived by rights holders. A preventive legal review can save significant costs later.

Conclusion

Brazil does not have a single statute dedicated to ambush marketing, but its legal framework grounded on intellectual property, consumer protection, unfair competition, and self-regulation creates a strong protective environment. Rights holders are active, and enforcement can be swift.

For brands, the safest and most effective approach is clear: embrace creativity within legal boundaries, avoid misleading associations, and respect protected intellectual property.

With major sporting events on the horizon, now is the time to align marketing strategies with compliance, ensuring visibility, consumer engagement, and sustainable success without legal surprises.