Unauthorized Use of Famous Sports Team Emblems? Enforcement Also Difficult

Even with Trademark Rights, 'Designated Products' Must Be Registered for Enforcement
Unauthorized Emblem Use Thrives Under the Pretext of Customizing

[Asia Economy Reporter Yoo Byung-don] The so-called 'ambush marketing,' which involves the unauthorized use of emblems of famous sports teams, is on the rise. However, due to a lack of sufficient grounds for enforcement, there have been no significant sanctions, highlighting the need for countermeasures.

On the 7th, when specific keywords were entered on major portal sites, various products featuring the emblems of European football clubs such as Barcelona, Real Madrid, and Tottenham Hotspur, the team of player Son Heung-min, were found. The range of products was diverse, including wireless earphone cases like AirPods and Galaxy Buds, keyrings, and mood lights.

Bang Jae-won (27), who ordered an earphone case online, said, "I am a fan of the team Son Heung-min plays for, and the existing case felt plain, so I looked for a case with the team emblem. Since it was not sold on the official website and the price was cheaper than expected, I decided to purchase it without hesitation."

The problem is that many of these products are illegally produced by unauthorized use of the teams' emblems without obtaining licenses. However, actual enforcement is difficult.

Entities registering trademarks with the Korean Intellectual Property Office must register designated goods related to the trademark. However, unlike major products such as clothing, shoes, bags, and phone cases, many newly emerging products like wireless earphone cases are not registered as designated goods. Although some famous international luxury brands have recently registered these products as designated goods, sports team emblems remain in a blind spot.

If designated goods are not registered, producing and selling products using the emblem does not violate trademark law. Some companies exploit this legal loophole by unauthorized use of sports team emblems under the guise of customization (made-to-order) to gain economic benefits, but regulatory authorities have been unable to respond effectively.

A representative from the Seoul Metropolitan Government's Civil Affairs Judicial Police Division Trademark Investigation Team explained, "For these products, it is difficult to detect or sanction under trademark law, and the Unfair Competition Prevention Act must be applied. However, since precedents vary, each product must be examined individually."

This content was produced with the assistance of AI translation services.