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GLOSSARY

Ambush marketing definition

Published by a LexisNexis Commercial expert

What does Ambush marketing mean?

Ambush marketing is the creation of an unofficial association between an organisation/brand and a particular event, thereby reaping the recognition and benefit of an official sponsor without having paid for the privilege.

The events most frequently targeted by ambush marketers are sporting events, such as national tournaments, the football World Cup and the Olympic Games. These events are watched (and otherwise followed) by millions of people, and often have a huge amount of goodwill associated with them. As a result, organisations will pay significant sums to be an official sponsor.

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Ambush marketing

This Practice Note considers, from an English law perspective, the legal issues relating to ‘ambush marketing’. The term ‘ambush marketing’ is used to describe promotional activities by a non-sponsor in connection with a major sporting or other event. In the UK, ambush marketing is addressed by a combination of legal measures including trade mark and copyright law, advertising codes, and specific event-related legislation.Although some legal tools used to combat ambush marketing in the UK may also be available in other jurisdictions (for example, the rights-holders for major events would ordinarily have registered trade mark protection covering the event name and logo, across multiple territories), the legal position tends to vary greatly from one territory to another.The jurisdictions with the strictest controls are often those which have hosted a major, global, sporting event in their recent history.Principal legal controls in the UKIn the UK, the principal legal tools used to combat ambush marketing are:•trade marks—the Trade Marks Act 1994 (TMA 1994)•passing off—UK common law right, no basis in statute•copyright—the Copyright, Designs...

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