Lawyer Says Players Who Display Personal Sponsorship Can Face Suspension

04/17/2014 - 09h40

Neymar's attitude during the match against Atlético de Madri, that took place last Wednesday for the Champions League, when he displayed the brand of his underwear, 'Lupo', at least five times, is a crime and is liable to imprisonment during the World Cup, according to Gustavo Lopes Pires de Souza, 31, master in Sports Law.

According to the lawyer, Neymar's action may be considered ambush marketing, that is, to display a brand that is not an official sponsor at an event. A player may be suspended from a match or even an entire tournament.

"In the World Cup this attitude will be a crime liable to imprisonment according to the General World Cup Law. If Neymar does this in the World championship, he may also be suspended", said Gustavo Lopes Pires de Souza during an interview for Folha.

"Fifa and the IOC [International Olympic Committee] are worried due to three large publicity contracts. Ambush marketing devalues the product and discourages the sponsor to invest in large events. Fifa's intention with the General World Cup Law is to protect the sponsors", the lawyer added, affirming that it is impossible to prevent ambush marketing because of advertiser's creativity.

According to Gustavo Lopes Pires de Souza, the sponsors may sue the organizers in case of a marketing ambush in the absence of a penalty.

The Brazilian lawyer says there isn't a legislation that bans ambush marketing from Sporting events.

Neymar is the face of Lupo's advertising since August 2011.

Neymar's press office denies any display of his underwear brand during the matches as a marketing strategy.

In Lupo's case, according to their press office, the player receives a range of products from each new collection and it is due to this fact that he was wearing a pair of the brand's underwear in the match between Barcelona and Atlético de Madri.

Lupo confirmed, through its press office, that they are "pleased" with the display of the player's underwear brand and says they did not make any request to Neymar or any of his staff.

See the law that deals with ambush marketing by association:

Art. 32. To display brands, products or services with the aim of achieving economic or publicity advantage, by means of direct or indirect association with the World Cup Events or Official Symbols without Fifa's authorization or an indicated person, making third parties believe that those brands, products or services are approved, authorized or endorsed by Fifa:

Penalty - detention, between 3 (three) months and 1 (one) year or a fine.

Single paragraph. On the same penalty includes individuals that, without authorization from Fifa or an indicated person, use Tickets, invitations or any kind of access authorization to the World Cup Events to make publicity or commercial interventions with the aim of obtaining economic advantage.

Ambush marketing by Intrusion

Art. 33. To display brands, businesses, establishments, products, services or to practise a promotional activity, not authorized by Fifa or an indicated person, attracting public attention in the site of the World Cup Events, with the aim of obtaining economic or publicity advantage.

Penalty - detention, between 3 (three) months and 1 (one) year or a fine.

Translated by CRISTIANE COSTA LIMA

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