The battle against ambush marketing: the role of intellectual property rights

Tom Griffin, Solicitor

Using intellectual property to safeguard against ambush marketing

Major sporting events, from the FIFA World Cup to the European Athletics Championships, attract global audiences and generate immense commercial value for organisers and sponsors alike. Businesses invest significant sums to secure exclusive sponsorship rights, seeking to associate their brands with the prestige, goodwill, and visibility of these events.

However, not all business are prepared to pay for this association. This is what gives rise to the practice of ambush marketing.

What is ambush marketing?

There are two main forms of ambush marketing:

• Ambush by association: when a business, without having paid to be an official sponsor, creates the impression of a connection with an event (for example, by use of trade marks or other intellectual property associated with the event).
• Ambush by intrusion: when a business, despite making no claim of official sponsorship, gains exposure at or around an event without authorisation (for example, a business handing out free, branded t-shirts to spectators outside a football stadium).

How can intellectual property help?

The focus when combatting ambush marketing is often on contractual restrictions imposed on sponsors, athletes, broadcasters, and ticket holders and, if introduced, event-specific legislation (such as in relation to the 2012 Olympic Games). However, intellectual property rights can also play a significant role in preventing ambush marketing.

• Trade Marks can protect event names, logos, slogans, and mascots, which can be used to prevent unauthorised use that suggests official sponsorship or association.

• Copyright can protect promotional materials, broadcasts, artwork, and other event content, which can be used to cease unauthorised re-production or use.

• Registered Designs can protect the appearance of event-related products, such as mascots and merchandise, which can be used to cease unauthorised imitation.

• Passing Off can protect the goodwill of an event (and particulars elements thereof), which can be used to prevent misrepresentations that suggest official sponsorship or association.

In addition to the above, other tools available to combat ambush marketing include advertising regulations and unfair competition laws. The most effective strategies will utilise the plethora of options available.

If you have any queries relating to ambush marketing or intellectual property, please contact a member of our intellectual property team on 0161 832 3434, or at [email protected].