Ambush marketing is a strategy of marketing whereby a brand attempts to attract public recognition by associating themselves with an official event or brand without being its official sponsor or having authorisation.
Types of Ambush marketing
There are several types of ambush marketing such as –
Intrusive Ambush Marketing:
This occurs when a brand advertises themselves or a product of theirs in close proximity to an event. An example of such includes placing a billboard next to an event’s venue to advertise a product.
Predatory Ambush Marketing:
The aim of this marketing is to overshadow the efforts of the official sponsors of an event or brand. For example, during the 1994 Winter Olympics, American Express launched a campaign which undermined Visa, the official sponsor of the event. The campaign suggested to visitors of Norway that a Visa card was not essential.
Direct Ambush Marketing:
Where a brand directly associates itself with an event without official sponsorship.
Indirect Ambush Marketing:
The aim is to create a mental association with an event or brand. For example, using the same colours as those appearing in the Olympics rings in a campaign.
Self-Ambushing:
Here, a brand engages in additional marketing activities, going beyond the agreed sponsorship terms.
Ambush marketing in sports
Ambush marketing is most common in the sports industry. Several major sporting events are often victims to ambush marketing such as the Olympics, Commonwealth Games, Euros, and so on.
A perfect example being Nike’s ‘Find your Greatness’ worldwide campaign which was launched to coincide with the opening ceremony of the 2012 London Olympics. The campaign was in the form of a video which saw several everyday athletes participating in a variety of sports.
Despite Adidas purchasing the rights to become one of the official sponsors of the event, Nike’s clever ambush marketing strategy led several members of the public to believe that they instead were the official sponsor. Of course, they were cautious not to make use of specific trade marks such as ‘London 2012’ and ‘London Olympics’ to avoid claims for infringement.
To avoid this, specific legislation to prevent ambush marketing has been enacted for some of these major events in the UK.
For example, the Olympic Symbol, etc (Protection) Act 1995 is a legislation which governs the commercial use of the Olympics symbol and words associated with the Olympic games such as ‘Olympics’ and ‘Olympians’.
Other methods of preventing ambush marketing
Intellectual Property Protection
Broadening the scope of your intellectual property will assist in preventing other brands from engaging in ambush marketing. This can be done by way of design and/ or trade mark applications.
Security Measures
Security measures are often helpful such as the employment of personnel to prevent unauthorised activities in close proximity to an event.
Exclusion zones
Exclusion zones surrounding a venue whereby only official sponsors can advertise their brand or product are useful too.
By implementing the above strategies, the risk of ambush marketing can be minimised and often, prevented.
Stephen Scown’s Intellectual Property and Data Protection team can assist you with any issues you may have in respect of ambush marketing. If help is required, please contact ip@stephens-scown.co.uk.
*Disclaimer: This article provides advice based on English and Welsh law.