Vorawut Rojanapanich, managing director of DhosPaak Communication Agency, said yesterday the company would not collect any fees from businesses and restaurants that broadcast football matches during the World Cup. But it will instead ask for cooperation in selling Chang beer.

"The company just would like to create a good relationship with Thai football fans, enabling them to view all the football matches without charge," he said. "The company has not forced anyone to sell only Chang beer."

Varawut said only restaurants that have asked permission from DhosPaak would be allowed to broadcast the football matches without a licensing fee.

DhoSpaak, an affiliate of Thai Beverage Plc, brewer of Chang beer, won the licence to broadcast the World Cup in Thailand with a US$7.5-million (Bt331 million) bid.

However, if any businesses or restaurants exploit the broadcasting of World Cup matches for their own commercial purposes, they could be hit with a lawsuit.

Meanwhile, the law firm Domnern Somgiat & Boonma warned businesses that using Fifa trademarks for commercial benefit would be grounds for legal action.

The World Cup's trademark, mascot, and wording - in the same font style as "Ball Lok" (World Cup) - are owned by the Federation Internationale de Football Association (Fifa). Any company abusing Fifa's intellectual property rights would be violating international property law, said Boonma Tejavanija, a partner in the firm.

The law office is trying to suppress illegal goods or advertising using Fifa's trademarks.

Boonma said it was also against intellectual property law for TV programmes, publishing companies or any other businesses to use Fifa's name to attract people to compete for prizes.

Rutorn Nopakun, another partner in the law firm, said businesses that conduct competitions for World Cup awards were, however, not breaking the law as long as they do not use the Fifa logo, slogan or mascot for advertising.

"The illegal use of Fifa's intellectual property is not fair to the official partners of Fifa, and that might lead to a conflict between the broadcasting company and Fifa," he said.

Only 16 companies are Fifa's official partners.

The office has already asked for cooperation from some businesses to stop using the World Cup's trademark for marketing.

Rutorn said the company did not want to take legal action against any company but if some firms continue unauthorised marketing, they might be charged under the law.

According to the Intellectual Property Department, any person or company using trademarks without permission is subject to a maximum four years' imprisonment or a fine of up to Bt400,000, or both.

Meanwhile, Somchai Nanta, manager of the customer service department of Thailand Post, said the agency would continue to conduct a public competition for World Cup rewards.

As the office is a government agency and does not seek to benefit from the competition, it is able to conduct the contest, he said.

Moreover, the reward competition does not use any wording or logo in violation of Fifa's trademarks, he added.

Petchanet Pratruangkrai

The Nation