23 June 2010, 01:00 p.m.

As South African businesses grapples with the little explained, very fuzzy and downright draconian “FIFA-inspired” by-laws, one restaurant owner is facing a huge fine and the other says he got away with his cheeky marketing stunt. 

Port Elizabeth

In host city Port Elizabeth, where thousands of English fans have been arriving for their team’s crucial match against Slovenia, a restaurant owner has been threatened with a R10 000 fine ($1333) for allegedly violating Fifa World Cup by-laws.

The Herald newspaper reports this morning that Chris van Heerden, the owner of Guido’s in Heugh Road, said he had been accused by municipal officials of “ambush marketing” for having a hand-painted soccer ball on the front window of his restaurant (since October last year). 

 

Charges withdrawn

The new clamp-down came as charges were withdrawn against two Dutch women accused of coordinating an ambush marketing campaign on behalf of Bavaria beer. FIFA and Bavaria reached an out of court settlement.

It is exactly here, that legal experts say, the Fifa by-laws are showing their teeth as the legislation seems to elevate a civil problem to a criminal offence. This was clear from the Dutch “orange dress” case where a “settlement”  made it all go away. Lawyers also pointed out that what is worrying is that “ambush marketing” seems to be whatever a municipal officer says it is. 

 

Flag is a no-no

Van Heerden explained his problems started a week ago when he was ordered to remove a special World Cup flag, depicting flags of all the participating World Cup countries from the shop. These flags are widely available for street vendors.

 

“They said I was raping the national flag and if Zuma drove past he would be offended. What I don’t understand, is that people are selling them on street corners wherever you go, and yet they target me,” Van Heerden told The Herald.

 

He took the flag down.  

 

Soccer balls also a no-no

On Sunday afternoon municipal officials served him with a final warning to stop his “ambush marketing” referring to the hand-painted soccer ball in his window.

 

Van Heerden told the newspaper that according to the notice, the painted soccer ball with 2010 above it amounted to “ambush marketing” and was “a violation of the Fifa by-laws”. Something similar happened to budget airline Kulula who were ordered by Fifa to withdraw advertisements depicting soccer balls and vuvuzelas.

 

“The soccer ball has been up here since October and only now, during the World Cup, have they come to me saying it is a problem,” he was quoted to have said. “What really frustrates me is that the roads were closed from January for construction, causing businesses a lot of pain. Now, after I have lost tons of business, they want to fine me.”

 

A municipal spokesperson, Kupido Baron, said they only issued the notices if someone used the 2010 World Cup to advance their business, as this is a violation of FIFA’s rules. 

 

Bloemfontein

Meanwhile a Bloemfontein businessman has won his fight with FIFA. Rodos Ionnides told the Daily News that he had created a witty advert in his Mimosa Mall coffee shop that looked like the FIFA logo. He however used golf balls instead of soccer balls and changed the name to FIFO (according to the news report this is for “First In First Out”)

 

Municipal officials demanded that it be removed. "They thought it said 'Fifa'. When I explained it to them, they had no answer," Ioannides was quoted to have said.