Ambush Marketing

Ambush Marketing is marketing in which a company attempts to advertise and promote its goods or services by associating them with an event (such as a major sporting event) without becoming an official sponsor and paying the sponsorship fees, thereby gaining unfairly from the reputation of the event.

In South Africa, the Minister of Trade and Industry may declare an event, such as a soccer tournament or a music concert, a “protected event” if he is satisfied that the staging of the event is in the public interest.

Once an event is so declared, no person may use his or her trade mark, without authority from the organiser of the event, in a manner calculated to achieve publicity for the trade mark in question thereby deriving special promotional benefit from the event. This includes any visual or audible use of the trade mark in a manner that is intended to cause an association with or to allude to the event.

Many event organisers also have the marks, logos and trophies associated with the event declared “prohibited marks” in terms of the Merchandise Marks Act.

Certain acts of ambush marketing may also involve trade mark infringement, copyright infringement and contraventions of the Consumer Protection Act and/or the common law.