Introduction

During the 2022 FIFA World Cup, Chinese electronics company Hisense’s “China First, World Second” (中国第一, 世界第二) marketing slogan generated widespread attention and debate. This article examines the legal compliance dimensions of this marketing campaign.

I. Trademark Law Considerations

1. “Number One” Claims

Claims of being “first” or “best” in advertising may conflict with trademark law provisions on misleading advertising. Under China’s Trademark Law, trademark registration does not grant the right to make exclusive “number one” claims.

2. Comparative Advertising

Comparative advertising is permitted in China if:

• It is objectively verifiable
• It does not disparage competitors
• It does not make misleading claims

The Hisense slogan appears to be self-referential rather than directly comparing with competitors, which may reduce comparative advertising law concerns.

II. Advertising Law Compliance

1. Truthful Representation

China’s Advertising Law requires that advertisements be truthful and not misleading. “First” or “second” claims must be substantiated by objective evidence.

2. Superlative Claims

Absolute or best-in-class claims require substantiation. Hisense would need evidence supporting its claim of being “second” globally in relevant product categories.

III. International Marketing Regulations

1. Different Jurisdictions

Marketing claims must comply with local advertising regulations in each jurisdiction where they appear. International sports marketing involves:

• Local advertising standards
• FIFA marketing guidelines
• Host country regulations
• Consumer protection laws

2. FIFA Association Rights

Sponsors must comply with FIFA’s marketing and commercial rights frameworks, which govern how sponsor messages may be presented during official events.

IV. Brand Risk Considerations

1. Reputation Management

“Second place” positioning may carry brand perception risks in certain markets, including:

• Consumer perception of quality relative to competitors
• Market positioning implications
• Shareholder and investor communications

2. Competitive Response

Aggressive marketing claims may invite competitive responses, including:

• Counter-advertising
• Legal challenges
• Market repositioning by competitors

V. Recommendations for International Marketing

1. Pre-campaign legal review: Conduct comprehensive legal review of marketing materials across all target jurisdictions.

2. Substantiation documentation: Prepare and maintain objective evidence supporting marketing claims.

3. Competitive monitoring: Monitor competitor responses and prepare appropriate counter-strategies.

4. Local counsel engagement: Engage local legal counsel in key markets to ensure compliance.

5. Brand protection: Develop comprehensive brand protection and reputation management strategies.