Main Article Content
AutoresDiego Pardo Amézquita
Ambush marketing is a practice that will usually occurs in large-scale events, is not a sponsor seeks to gain benefits of brand exposure and awareness in a context that it would otherwise be available only to official sponsors. This paper addresses why and to what extend ambush marketing be contrasted, provided that it is a practice that current intellectual property and competition law has been unable to deter as well as an alternative measures are difficult to adopt at an international level. This difficulty jeopardizes official sponsoring’s interest on major events and the events themselves. As a result, this paper will (i) briefly examine the intersection between intellectual property rights and sport business in order to (ii) encase ambush marketing as a controversial –yet not necessarily illegal- business practice that exploits another’s commercial effort and deflects attention from official sponsorship of major events. It will then present (iii) the traditional and extraordinary legal responses to these practices, and the issues that they raise, to finally conclude that (iv) there is an urgent need to harmonize, at an international level, the legality –or not- of the matter, regardless of (v) the inherent ambush marketing paradoxes.
Curthoys, J. and C. Kendall. “Ambush marketing and the Sydney 2000 Games (Indicia and Images) Protection Act: A retrospective”, in Murdoch University Electronic Journal of Law, 8, 2001.
Ericsson, S. “Ambush Marketing: Examining the Development of an Event Organizer Right of Association”, in N. Lee et al. (ed.), Intellectual Property Unfair Competition and Publicity, Edward Elgar Publishing Ltd., Cheltenham, UK / Northampton, MA, 2014, pp. 165-188.
Fortunato, J. Sports Sponsorship: Principles and Practice. McFarland & Co. Publishers. Jefferson, NC, 2013, p. 127.
Grady, J. and S. McKelvey. “Ambush Marketing: The Legal Battleground for Sport Marketers”, in Entertainment and Sports Lawyer, 2004, pp. 8-14.
Grady, J. and S. McKelvey. “Sponsorship Program Protection Strategies for Special Sport Events: Are Event Organizers Outmaneuvering Ambush Marketers?”, in Journal of Sport Management, 2008, pp. 397-445.
Hoek, J. ‘“Ring Ring’: Visual Pun or Passing Off?: An Examination of Theoretical and Research Issues Arising from Ambush Marketing”, in Asia-Australia Marketing Journal, 6, 1997, pp. 35-36.
Johnson, P. Ambush Marketing and Brand Protection: Law and Practice. Oxford University Press, New York City, 2011, pp. 3-25.
Kalamadi, S. “Intellectual Property and the Business of Sports Management”, in Journal of Intellectual Property Rights, 2012, pp. 437-442.
Kim, J. W. “The worth of Sport Event Sponsorship; An Event Study”, in Journal of Management and Marketing Research, 2010.
Kur, A. et al., “Intellectual property, unfairness and speech – convergences and development”, in N. Lee, et al. (ed.), Intellectual Property Unfair Competition and Publicity, Edward Elgar Publishing, Cheltenham, UK / Northampton, MA, 2014, pp. 1-7.
Louw, A. Ambush Marketing & the Mega-Event Monopoly. How Laws are Abused to Protect Commercial Rights to Major Sporting Events. t.m.c. Asser Press. The Hague, 2012.
Marmayou, J. “Major Sports Events: How to Prevent Ambush Marketing?”, in African Sports Law and Business Review, 2013.
Meenaghan, T. “Ambush Marketing: Immoral or Imaginative Practice?”, in Journal of Advertising Research, 1994, pp. 77-88.
Meenaghan, T. “Current Developments and Future Directions in Sponsorship”, in International Journal of Advertising, 17, 1998.
Nufer, G. Ambush Marketing in Sports: Theory and Practice. Routledge, New York, 2013.
Sandler, D. and Shani, D. Olympic Sponsorship vs. “Ambush” Marketing: Who Gets the Gold?, Journal of Advertising Research, 1989, p. 11.
Scassa, T. “Ambush Marketing and the Right of Association: Clamping Down on References to That Big Event With All the Athletes in a Couple of Years”, in Journal of Sport Management, 2011.
Sebel, J. and D. Gyngell. “Protecting Olympic Gold: Ambush Marketing and Other Threats to Olympic Symbols and Indicia”, in unsw Law Journal, 1999, pp. 691-707.
Seguín, B. and T. Scassa. “Ambush Marketing Legislation to Protect the Olympic Sponsors: A Step Too Far in the Name of Brand Protection?”, in Sport Management Review, 2011, pp. 297-308.
Shahira, A. Ambush Marketing; Are Sponsors Really Sponsoring? Southern New Hampshire University, 2014, pp. 3-8.
Sliffmann, A. “Unconstitutional Hosting of the Super Bowl: Anti-Ambush Marketing Clear Zones’ Violation of the First Amendment”, in Marquette Sports Law Review, 2011.
Vasallo, E.; K. Blemaster and P. Werner. “An International Look at Ambush Marketing”, in Intellectual Property Journal, 2005, pp. 87-102.
Wadlow, C. The Law of Passing-off: Unafair Competition by Misrepresentation. Sweet and Maxwell, London, 2011, p. 536.
Welsh, J. Ambush Marketing: What is it, What isn’t. Welsh Marketing Associates. Retrieved on December 2014 from [http://welshmktg.com/wma_ambushmktg. pdf ].