Kimberley Cross

Major sporting events capture public attention, but their commercial success also depends on careful protection of brands, sponsors and rights behind the action. As athletes, broadcasters, sponsors and fans descend on Glasgow for the 2026 Commonwealth Games, the focus will rightly be on the sport. Behind the scenes, however, intellectual property will play an important role in protecting the value of the Games.

As Official Legal Partner of Glasgow 2026, CMS Scotland has supported the legal work needed to protect the Games’ brand and help Glasgow prepare to showcase itself on the world stage.

The Games represent a much more commercial model for hosting major sporting events, with revenues from ticketing, sponsorship, broadcast rights and merchandise playing a primary role in funding the event, as opposed to government funding. Protection of IP is more important as it helps event organisers manage who can use the Games’ brand.

Sponsorships are a key revenue stream for large events, and vital where an event’s model depends heavily on commercial income. Official sponsors paying for the right to associate themselves with an event expect visibility, exclusivity and protection from competitors.

Exclusivity is often where legal detail becomes especially important. A sponsor may want to be the only drink, broadcaster or sportswear brand associated with an event, which can create practical and contractual issues for the organiser. The contract must be clear about what exclusivity means: the product category, territory, duration, permitted branding and any exceptions. Without that clarity, disputes can arise.

Another key concept is the “clean venue”. When Scotland hearts were broken by defeat to Brazil at the World Cup, the match was at “Miami Stadium” - a name perhaps unfamiliar to many American fans, who know the venue as the Hard Rock Stadium.

For the World Cup, FIFA has strict requirements for stadiums and surrounding areas to be free from unauthorised branding. The aim is to ensure official sponsors receive the exposure they have paid for, and so rival brands cannot gain free publicity inside or around the event.

That leads to one of the most recognised risks in major event sponsorship: ambush marketing. This is where a brand tries to create an association with an event without paying for official sponsorship. During Scotland’s match against Haiti at Boston’s Gillette Stadium, Gillette covered its logos with what appeared to be shaving foam to comply with clean venue rules. Brands often try to find creative ways to evade restrictions.

This may sound like corporate and legal wrangling. In practice, it has a real commercial purpose. If official sponsors cannot rely on meaningful protection, the value of sponsorship falls. If that value falls, the funding available to stage events, support athletes and create fan experiences may also be reduced.

The UK is also looking again at how major events are protected. The Sporting Events Bill, introduced in May 2026, is intended to create a common legislative framework for major sporting events in the UK, rather than relying on ad hoc legislation for each event (if any).

For organisers and brands alike, the lesson is simple: IP protection is not an afterthought. It should be built into sponsorship deals, venue arrangements, ticketing terms, merchandising, media rights and enforcement strategies from the outset. Done well, it does not distract from the sport; it helps make it possible.

As Glasgow welcomes the Games, legal work behind the scenes will help protect not just logos and slogans, but the commercial foundations on which modern major events depend.

Kimberley Cross is senior associate at CMS. Josh Campbell, trainee, also contributed to this article, which first appeared in The Scotsman.