- 13 Nov 2024
- •
- 2 min read
Exploring Ambush Marketing: Is Your Brand Ready for Bronze, Silver, or Gold?
In the competitive world of brand promotion, timing and innovation can offer organisations significant advantages, particularly during major events. While official sponsorships offer guaranteed exposure, some brands attempt to leverage event association without the cost. This practice, known as ambush marketing, allows organisations to gain visibility by indirectly linking their products or services to major events without being an official sponsor. But for legal teams, the key questions are: how does this tactic work, what are the legal risks and are those risk worth taking?
What is Ambush Marketing?
Ambush marketing, sometimes referred to as ambush advertising, is a strategy where an organisation seeks to promote itself by associating with an event that has official sponsors, without paying any sponsorship fees. Therefore it is a way for organisations to benefit from the visibility and goodwill of major events while avoiding the cost of official sponsorship rights.
Types and examples of Ambush Marketing
Ambush marketing can take many forms, ranging from direct references to more subtle tactics. Some notable examples include:
- Specsavers cleverly translating its iconic ‘Should’ve gone to Specsavers’ slogan into the languages of participating countries in the 2024 Euros.
- Not On The High Street’s “pink Friday sale” coinciding with the release of the Barbie movie in July 2024.
- Bavaria Brewery’s infamous stunt at the 2010 FIFA World Cup, where disguised fans revealed orange mini dresses tied to the brand.
- Paddy Power’s billboard campaign during the London 2012 Olympics, promoting a fictional egg and spoon race to mock strict branding rules.
Understanding the rules
From a legal perspective, ambush marketing falls into a grey area. In the UK, there are no specific laws prohibiting ambush marketing, but organisations must remain alert to possible intellectual property (IP) risks, such as passing off, trade mark infringement, or breaches of the UK’s Trading Standards and Advertising Codes. Additionally, event specific restrictions can impose further implications. For instance, during the Tokyo 2020 Olympics, organisers provided detailed guidance on prohibited terms, such as “Go for the gold” or “Countdown to 2020”, to protect official sponsors.
Key takeaways
When executed within the remit of the law, ambush marketing can be a cost-effective way to increase brand visibility. Therefore ambush marketing is a high-risk strategy that requires thorough legal review and risk assessment in advance. In-house legal teams should be proactive in evaluating potential IP infringement issues, event-specific rules and any clauses in sponsorship or ticketing agreements that may impact or increase the risk of such marketing activities.
Disclaimer
This information is intended for general informational purposes only and does not constitute legal advice. We recommend seeking professional advice before taking any action on the information provided. If you would like to discuss your specific circumstances, please feel free to contact us on 0800 2800 421.
