First
Earlier this week, footballing icons, which included the likes of
In the case of Ronaldo, the Portuguese national is seen to retract two glass bottles of Coca-Cola from the table, as he then picks up an unbranded bottle of water, stating the words “agua”, seemingly encouraging others to drink water instead.
On the other hand, Pogba, a French national and devout practising Muslim, similarly, is seen removing a bottle of Heineken from the table, before he began addressing the journalists for his post-match press conference following his win with
Meanwhile the Ronaldo gesture was going viral on social media, and perhaps coincidentally,
The reality is that for large brands like Coca-Cola and Heineken, gestures such as these might not impact the success of their brands, but rather on the contrary, all the talk and attention generated as a result of their actions are generally viewed as more positive than if the athletes had not interacted with the products at all.
The question still arises however, should
Potential legal consequences:
In the either of the above cases, the situation involves a legal nexus formed by three parties, which includes the athlete, the regulating body (in this case
From the point of view of the athlete, these professionals often have their own private sponsorship agreements whereby they receive payment and/or bonuses for appearing to endorse certain products in exchange. As previously mentioned, in
Could it be argued that Cristiano's own health and fitness image rights were being jeopardised by having himself associated with the fizzy drink? Would such an argument hold up in a legal dispute? Are Cristiano's own image right's protected within the sponsorship agreements made between
What we do know, is that with respect to
Irrespective of whether or not the gestures have had a positive impact in promoting the drinking of water, or of drinking less alcohol or even that of a leading a healthy lifestyle, allowing these athletes to make gestures like these, without consequences, runs the risk of damaging future sponsorship deals for these types of tournaments. For example, what will the commercial value of these sponsorship agreements be, when professional athletes are being permitted to remove from sight any sponsored product that they personally do not wish to be affiliated to?
From a public standpoint, it does not appear that there have been any consequences for these athletes on the part of
It remains to be seen whether any action will be taken to discipline them, which arguably poses a great concern for potential sponsors. If there is no control in place for a sponsors' sponsorship right being violated, it beckons the question, why would such a sponsor enter into a sponsorship agreement where there is no assurance or guarantee that their marketing rights will be protected?
To date, there has been no precedent for this of its kind. Whether there are any sanctioning powers available to
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