Ambush marketing meaning

This Practice Note examines the legal considerations surrounding ‘ambush marketing’ from an English law standpoint. The phrase ‘ambush marketing’ refers to promotional efforts by a non-sponsor that relate to a major sporting or other event. Within the UK, such activity is managed through a mix of legal mechanisms, including trade mark and copyright law, advertising codes, and legislation tailored to particular events. While some of the tools used domestically to deter ambush marketing can also be found elsewhere (for example, rights-holders for major events would typically have registered trade mark protection for the event name and logo across multiple territories), the legal framework varies significantly between jurisdictions. The toughest regimes are often seen in countries that have recently hosted a high-profile, global sporting event. What is ambush marketing? ‘Ambush marketing’ is commonly understood as promotional activity by a non-sponsor that seeks to imply an association with, or derive publicity for the non-sponsor’s brand in relation to, a major sporting or other event. As a rule, brands are only...

This Practice Note sets out the essentials of a sponsorship arrangement, covering: sponsor hierarchy where multiple partners are involved exclusivity provisions standard and additional rights typically included fees and value-in-kind payments protection of the sponsorship compliance and regulatory considerations Brands increasingly seek associations with events or content that matter to consumers. As a result, sponsors are looking beyond the traditional sports model. There has been notable growth in the backing of music events and artists, an area once avoided by brands because of the multitude of rights owners. For more on the sponsorship (or endorsement) of individuals, see Practice Note: Endorsement agreements—key issues. Under English law, there is no proprietary right in a sports or other event; accordingly, no recognised ‘sponsorship rights’ exist for an event, team or league. Any rights granted to brands by rights holders are not inherent, but are created, exploited and protected through a contractual and legal framework. Types of sponsorship There...