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Ambush Articles
Ambush marketing
18 February 2004, Brand Strategy
Neil Coulson is a solicitor in the Intellectual Property department of
Bristows, London. ... However the organising body and its official
sponsor must beware the ambush marketer seeking an association without
paying the official sponsorship fees.
There are no UK judgments specific to ambush marketing campaigns, but
two Commonwealth cases illustrate the approach a British High Court
might take. ...
The judge identified that there is no specific cause of action for
ambush marketing - as in the UK - commenting that "there were times when it
seemed that the NHL was as interested in persuading this Court to
denounce ambush marketing as it was in the legal issues". ...
In the UK, the main concern for an ambush marketer will be an action
for passing off. ...
If UEFA is able to establish the ownership of goodwill in Euro 2004, it
needs to show that the ambush activity constitutes misrepresentation. ...
If the ambush marketer is careful, in particular by avoiding the use of
any of the official indicia or insignia, then establishing the
misrepresentation can be difficult, but not insurmountable. However, with a
public now used to ambush marketing activities, in many cases it will be
the unofficial nature of the marketing that is memorable, making a
connection in the minds of the public between an ambush activity and
official sponsorship more difficult to establish. ...
The industry body said the revised Code included expanded definitions
of key terms and incorporated newer concepts like "ambush sponsorship",
"social and environmental sponsorship" and "charities and humanitarian
sponsorship".
ISBA said it wished to urge members to consider the new code as it was
"intended to promote high standards of ethics in marketing by providing
a basis for self-regulation to complement the existing framework of
national and international law". ...
"The Sponsorship Code complements other ICC Codes for commercial
communications, including those relating to advertising practice,
environmental advertising, direct marketing, and marketing on the
internet" ISBA added. ... Witness the steady growth of guerrilla marketing tactics, which
over recent years have provoked a range of reactions among consumers from
annoyance to amusement, but most importantly they have caused
controversy and grabbed headlines.
One of the most infamous examples of this form of marketing activity
was that undertaken by guerrilla marketing agency Cunning Stunts, which
in 1999 sparked a storm of protest when it projected a naked image of
Gail Porter onto the Houses of Parliament.
Approximate Word count = 1931
Approximate Pages = 7.7
(250 words per page double spaced)
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