Authors
Dean Crow, Janet Hoek
Publication date
2003
Source
Marketing Bulletin
Volume
14
Issue
1
Pages
1-14
Description
Event owners and official sponsors have campaigned vigorously against a practice they refer to as “ambush marketing”. By this, they have referred to a variety of activities undertaken by rivals of the official sponsor that could confuse the public as to the real sponsor. However, their arguments rest on ethical assumptions that have no standing in court; in fact, the case law to date indicates that many alleged instances of ambushing are quite legitimate. This paper examines a range of activities classified as “ambushing” and argues that marketers need to consider ambushing in legal terms–as either passing off or breach of trademarks. In addition, we suggest more explicit documentation of the rights available to official sponsors, so they are better able to anticipate competitors’ likely actions. Finally, we call for a reduction in the range of sponsorship packages, which would reduce the potential for conflicting sponsorship arrangements.
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