On the 22nd September 2009 a competition for Song and Music Lovers was launched with this advert on YouTube

In all honesty it was all set up as bit of fun and subsequently I posted a leaderboard which was displayed on the domain name www.worldcupsong.com and entries started flooding in.

It was free to enter, I gave everybody a profile page and links to their websites or iTunes etc, nice eh?

So to our knowledge everyone is having a good time and looking forward to an event that apparently I now know should not be named.

Our Podcast Series on iTunes was then launched in May and everybody seemed to be enjoying the contest.

258 days after the start of the competition on the 7th June 2010 there were more than 350 entries from 18 nations and a fun competition was in full swing.

However, on the 8th of June 2010 it all got a bit serious when the following letter was received.

Below is a full, factual and exact disclosure of that letter and the subsequent replies.

If you just want to cut to the chase then just skip to the end of this webpage where I have explained in the conclusion what actions I decided to take and why the competition was terminated.

 

8th June 2010

Dear Sirs,

Thank you for your letter dated 8th of June in which you refer to the domain name worldcupsong.com and our current competition running on that website.

Firstly we would like to apologise unreservedly to your client FIFA if they feel that our competition is likely to cause substantial damage to their reputation, this is absolutely not our intention and we are keen to resolve this matter in a timely and amicable fashion that is mutually agreeable to both parties, we unreservedly appreciate your clients wishes to protect their brand and reputation.

Our song competition was created in absolute good faith as a celebration of music, football and peoples' passion for their countries, we do not see any evidence that our competition has been or is damaging to your clients reputation.

We have tried to be very careful at every stage not to mislead anyone into thinking that we are affiliated in any way to FIFA, our link to your clients' official site stated "Visit the Official Website" and was intended to benefit your client, however we appreciate and do take your concerns seriously and as such have today added prominently on the homepage that the competition is in no way affiliated with FIFA and removed the link to your clients' official site along with any references to them.

The domain name worldcupsong.com was purchased back in 2005 and was used throughout World Cup 2006 during which and at no time since have we received any such claim for passing off under UDRP from your client or any other "World Cup" governing body, the domain has been used for the promotion of music, be that in the form of celebrating, football, cricket, rugby or any other similar relevant event.

I note in your final paragraph that you request that we should cease implying a connection and I must insist that we have never made any such claim of an official link to your client, either on the website or in any of our podcasts, implied or otherwise.

We have titled the site from the start as "The Official Site for World Cup Song & Music Lovers" not "official world cup song competition" as stated in your correspondence and have also built substantial goodwill and reputation with the thousands of people following a competiton which at worst I must highlight, is marketing and advertising your clients' event.

We do not feel there is a strong case to end the competition and simply hand over what is a actually a generic domain name to your client, we are however prepared to talk sensibly about suggestions for an alternative solution.

Regards  

Singularis Media Group

I have briefly read your document whilst enroute from the UK to meetings abroad.

The majority of these clauses we responded to and actioned either last week or yesterday after our telephone conversation, there are unfortunately a number of clauses in here that are completely unacceptable.

1 (b) change the title of the Website to “Singularis Media competition to find a World Cup song”; You have no grounds to instruct me on what to call my website

1 (d) take such steps as are necessary to remove the references to the Website being “official” from Internet search results returning the Website;- This is outside my control and impossible to comply to I do not control search engines

4. We acknowledge the terms of this Undertaking are confidential and agree that we will not disclose the terms or existence of this Undertaking or the circumstances giving rise to this Undertaking, to any third party, without the written consent of FIFA. Why?

Having given much deliberation to the last minute and heavy handed approach that you have taken in this matter and despite this being at the eleventh hour and having our instant and complete co-operation in complying with your clients concerns, we have received absolutely no recognition of the value our competition has added to the celebration of FIFA's event.

I hereby give you notice that unless we receive a more reasonable undertaking that we intend to suspend the competition immediately and we will make a full factual disclosure of the reasons for doing so on the website and all other mediums with which we have been communicating with our visitors.

Please let me know by close of business today your response.

Regards  

Singularis Media Group

RE: FIFA - worldcupsong.com

Thank you for your prompt response. I will do my best to seek instructions as soon as possible, but I may not be able to come back to you by close of business and I would ask you to bear with me.

Perhaps it would also help if I again explained FIFA's position in relation to the points raised below to ensure that there is no misunderstanding.

As regards the heading of your Website, FIFA are simply concerned to ensure that it does not give the impression that you are in any way connected to FIFA or endorsed by FIFA. At the moment, in the box at the top, the Website simply says "World Cup Competition South Africa 2010" which gives that impression. If the heading is changed as suggested, and includes a disclaimer, it is less likely that it will give that impression. If you wish to suggest an alternative heading I am sure FIFA would consider it. I am of course also happy to discuss alternatives by phone.

Google search results for the Website state in the title that it is "The Official Site for World Cup Song & Music...", as demonstrated below, and this is what FIFA are concerned about. As we discussed yesterday, the Website is not official as it is not authorised by FIFA and hence this title is misleading. The title is as it is because the meta title for the Website includes the phrase concerned. It is within your control to change the metatitle.

It is entirely usual for undertakings of this type to be confidential as they contain the results of discussion between the parties. I anticipate that my clients will not wish to change this provision.

As we discussed yesterday, FIFA's concern is to ensure that the Website and the Competition are not misleading, and the terms of the undertakings are designed to ensure that. I will now seek instructions but suggest that we also speak on the phone this afternoon.

 

Despite your explanation I am struggling to understand what FIFA are trying to achieve here other than forcing me to cease the competition, this of course was their original goal in your original communication.

There is no and has never been any claim that we are affiliated with FIFA and this constant reference to us passing off has no substance, we have already complied with the vast majority of your requests instantly.

The competition is clearly a musical celebration of the current World Cup competition taking place in South Africa, so removal of phrases such as “South Africa 2010” and “World Cup 2010” is utterly ridiculous.

I am not prepared to continue by having to tread on eggshells through fear of being sued for using any of the words, "World Cup", "South Africa" or "2010" on our podcasts and I do not have the time or inclination to invest in the type of humourous efforts that the likes of Kulula have resorted to. http://techdirt.com/articles/20100323/1141138682.shtml

My research suggests that I should shut up shop now, as it appears that I am going to continue to be pursued like some criminal, I also have a reputation to protect and no vested interest in fighting your well funded client.

I refer you to the following articles which from a Google search which are clearly just the scratch on the surface.

http://www.akanyangafrica.co.za/?p=556

http://www.techdirt.com/articles/20100615/1108179832.shtml

I am not sure what incentive I have to comply to confidentiality is this matter, please advise

Regards  

Singularis Media Group

FIFA wish to bring this matter to a conclusion.

They are prepared to amend the undertaking so that you change the title of the Website to "A competition to find a song for the World Cup", but they do require you to sign the undertaking and make the other changes set out in the undertaking. This will include you changing the metatitle of the Website.

If this is not acceptable FIFA will accept your offer to suspend the Competition. Naturally they will be monitoring closely any statements or comments you make about this matter to ensure that they are factually correct and reserve all their rights in relation to your activities and any statements or comments you may make.

 

I felt at this stage that we had complied as best we could with the majority of the undertakings being asked of us, however those undertakings that remained to be insisted upon were either out of our control or wholly unacceptable.

I am not big enough or stupid enough to try and fight such a large and powerful organisation such as FIFA, so I simply offer them my congratulations.

The Podcast Series is on iTunes and at WCS Podcast Central the final farewell podcast Show 5 is now live.

We would like to thank the table leader and "unofficial" winner Gerry Asmus who kindly and gladly agreed to our decision to donate the prize money of £1,000 to the Great Ormond Street Hospital Charity

...and finally of course a massive thank you to the 380 entries from 18 nations who entered and enjoyed the spirit of our competition, without you, the competition would never have been the success it was.

...don't loose your passion for music, passion for the game or passion for your country.

All the Best 

Mark Bellinger (aka Bertie)
bertie@worldcupsong.com

Mark Bellinger on Twitter

Singularis Media Group

p.s. Thank you all for the wonderful emails and messages of support!

Be assured that I will be back, ironclad, impenetrable to law suits, bigger than ever and sooner than you might think!!

"Tomorrow hopes we have learned something from yesterday."
John Wayne