"If you are not a sponsor of an event, you may not give the public the impression that you are in anyway associated with the event. Therefore, the mere use of 'win tickets to the Rugby World Cup 2011' on promotional materials may be problematic."
However, he is quick to point out that there are other ways of ensuring that your initiatives do not amount to trademark infringement, passing-off and ambush marketing.
Firstly, he says, refrain from using any of the registered trademarks of Rugby World Cup Ltd, including the Rugby World Cup word mark and logo. Secondly, ensure that the set-up of your promotional materials does not allude to the Rugby World Cup 2011 or the sponsored event. It is preferable to specifically state that you are not an official sponsor of the event.
However, there is one other important issue that must be borne in mind, and that is the Terms and Conditions (T&C) of purchasing a Rugby World Cup/sponsored event ticket. "Its T&C state that a ticket may not be transferred, used or otherwise disposed of in relation to any promotional or commercial purpose (including any competition, advertising, promotion, auction or as a prize in any competition or sweepstake, whether for a business or a charity or otherwise), or enhance the demand for any other goods or services. A ticket may be cancelled, without a refund, if it is found to have been acquired in such a manner."
He says that 'winners' of these promotional competitions may not be too pleased if this happens. So, if your company is planning on running a ticket promotion/competition leading up to a sporting event in future, review the T&C of the ticket as a first step and consult with a trademark/advertising law attorney to clear the content of your promotional materials.
