Compliant Ambush Marketing for Trademarked Events
Whether you’re a sponsor or a partner, or you simply want to ‘get in on the game’, you need to be aware of the strict rules that govern trademarked events and the broader issues that come with them. We’ve compiled some of the main considerations for brands and agencies who want to run promotions around major events.
Sporting events are a great prize promotion opportunity. There is a symbiotic relationship between sports, brands and fans. Fans want to attend sporting events, the appeal of winning a ticket with wrap-around experience means they are more likely to participate. Your brand will be front and centre connecting with an audience who may not otherwise see it.
What is Ambush Marketing?
The aim of Ambush Marketing or Guerilla Marketing is to associate a brand with the prominence of a major event, without actually being an “official” partner or sponsor of said event.
There are two types:
- Ambush by association: This occurs when non-sponsors aim to directly associate themselves with the event and use iconography and copy that is related to the main event. This can be done either directly, for example, presenting an image that it is officially affiliated with the event when it is not, or indirectly, through implication and variant images, logos, words, or trademarks. Although event organisers seek to protect themselves from this through regulation.
- Opportunistic advertising: This is the art of injecting your brand into breaking news stories linked to the event in order to generate media coverage in regular or social media channels – without the use of trademarked imagery/wording.
How do you know if you are compliant?
Ask yourself this…when you look at an advert or promotion, would the average person expect an official logo of the event to be present? If yes, then you are dangerously close to presenting yourself as an affiliate of the event and could be in breach.
Some countries will have considerably more regulations than others when it comes to partnering with sporting events for cultural reasons and, or stricter laws. For example, France is a risky market, and due to some of the sporting events being scheduled there. It is essential to understand the implication of each countries advertising rules.
Misleading Consumers
The Unfair Commercial Practices Directive (UCPD), to which all 28 members of the EU are signed up, has guidance in place to protect customers. A key part of the 2008 law is that ‘brands should not mislead the consumer, either by what they say or by significant omissions, i.e. what they do not say.’
- Implicit in this would be misleading consumers by implying that your brand is an official sponsor of a sporting event when it is not.
- Attempts at implying brand affiliation e.g. using guerrilla marketing, is risky and can lead to action from rights holders – if you plan to do this, ensure that your campaign doesn’t break the rules
- Negotiations for rights holding can take years. Start early and be prepared to pay.
- Avoid using logos, theme tunes, artwork, venues, and branding. Don’t even mimic.
Brand Ambassador Relationships
Always protect your brand with a contract, if you work with a brand ambassador and remember, sponsorship of an athlete does not give you automatic coverage.
Unfair Commercial Practices Directive (UCPD) / CPR also covers ambassadors and influencers.
- Always use the #ad, #advert, #paidforpost or similar
- Have clear contracts / agreements with the athlete
- It must be in a prominent position, not hidden
- Monitor your influencers to ensure compliance
The Penalties
The penalties for breaking the rules are most likely litigation as well as possible breaches in the UK of Trademark Act, Criminal Law, Unfair Competition Act, Copyright Act and in France, Parasitism. There are Special Olympic Protections including the Olympic Charter, UK: Olympic Symbols and in France, the Sport Code.
For advice on your next promotion or a FREE no obligations chat, email or give us a call.
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