International soccer governing body, FIFA, has ordered a local entrepreneur to deregister some 2010 World Cup Web sites and refrain from using any terms relating to the tournament.
Independent South African businessman Greg Sloan registered five ".co.za" domain names relating to the World Cup, for an online travel and accommodation reservation, booking and information service.
Sloan received a letter late last month from the head of legal affairs at FIFA`s marketing division, Zurich-based Tom Houseman, saying: "It has been brought to our attention that you are using a Web site located at www.footballworldcup.co.za.
"Companies such as yours... cannot use such words and signs, including the domain names. For this reason we are writing to explain this to you and politely request that you immediately refrain from using the logo and words."
Domain registration
Mark Elkins, director of UniForum SA, the administrator of .co.za site registrations, says about 500 local site registration applications are processed each day. The process is completely automated and applications are usually accepted if they fit technical requirements, he adds.
"We do pick up people who are trying to re-register names that they may have lost due to non-payment," he adds, but says the onus is on individual companies to identify issues such as the FIFA-Sloan one.
"We have no idea what the relationship is between two companies. If someone registers a local site related to Coca-Cola - for instance - they may have been given permission to do so, or they may not, but how would we know?"
Legal standing?
Sloan is uncertain of where he stands legally, having received differing opinions from lawyers. One lawyer is adamant Sloan is not using FIFA`s name or brand and thus is not violating any law, and another says certain events have certain marketing restrictions.
The SA Merchandise Marks Act appears to be the special legislation in operation, as Buys attorney Pria Chetty explains the 2010 World Cup has been designated as a "protected event" under the Act.
"In relation to Internet marketing, this means no person may register any domain name or have content on their Web site which is likely to be associated with the event without obtaining authorisation from the event organisers," she says.
Contravening the Act can lead to fines of R5 000, with repeat offenders facing R10 000 fines, she notes.
FIFA had not responded to requests for comment by the time of publication.
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