Ambush Marketing

Section 15A was added with effect from 30 December 2002. The Minister of Trade and Industry may declare an event (which means a show, exhibition or competition of a sporting, recreational or entertainment nature which is held in public as newsworthy or attracts public attention and is financed or subsidised by commercial sponsorship and includes a broadcast) a “protected event” if he is satisfied that the staging of the event is in the public interest and creates sufficient opportunities for small businesses and particularly those of previously disadvantaged communities.

Once an event is so declared, for a specific time (which may not be longer than the month after the termination of the event), no person may use any mark or trade mark in relation to that event and thereby derive special promotional benefit from the event, without the prior authority of the organisers of the event. Any person not complying is guilty of an offence. The prohibition extends to the use of visual reproduction and available reproductions of the trade marks or marks or use in promotional activities which directly or indirectly bring the trade mark or mark into association with or allude to the event.

Our team is equipped to handle all aspects of litigation in respect of ambush marketing.