In essence ambush marketing is the unauthorised association by a business with an event whereby the business intends to benefit from the events goodwill without paying a rights fee.
The Oxford Dictionary defines ambush marketing as : “the practice by which a rival company attempts to associate its products with an event that already has official sponsors”
In essence ambush marketing is the unauthorised association by a business with an event whereby the business intends to benefit from the events goodwill without paying a rights fee.
A favourite on Google from May 2012 shows Fiat photobombing VW’s headquarters in Sweden. When Fiat saw the Google Street View cars roaming the streets they parked a Fiat 500 on the doorsteps of the entrance.
Soccer is no stranger to ambush marketing either. In the 2010 world cup during the Denmark and Holland match a large number of girls were removed from the stadium after being accused of being models for the Dutch beer Bavaria attempting to ambush the World Cup and its official beer sponsor, Budweiser.
Dealing with ambush marketing often involves legal proceedings however sometimes cutting off the publicity surrounding the ambusher can be as effective as often the publicity around the ambush is exacerbated by protracted proceedings. One wonders whether the “Bavaria” girls would have been noticed if FIFA simply ignored the ambush attempt.
In saying that sponsorship of events is large and organisations must protect the sponsors and monitor ambush activity and would be obliged to do so legally in any well written sponsorship agreement. The London 2012 Games are considered by legal experts to contain the most stringent restrictions ever put in place to protect sponsors brand and broadcasting rights which effectively affected every athlete, business in the UK and ticket holders. The UK already had existing copyright and contract law protections in place however in 2006 parliament passed the London Olympic Games and Paralympic Games Act, which, together with existing legislation offered a special level of protection to the Games and their sponsors over and above that which already existed.
As well as providing additional protection around the word Olympics and the five rings symbol the legislation outlawed unauthorised association. It basically created a two word rule where a combination of words could not be used together i.e. expressions such as Games, 2012 and medals could not be used together.
It led to non-sponsoring brands taking strong legal advice on how to stay just the right side of the line. Recent examples from this years Olympics were the advertising campaigns by Paddy Power Bookmakers whereby it advertised on billboards that it was the official sponsor of the largest athletics event in London (London being the French town of London) and Nike who advertised Athletes in London, Norway; London, Ohio; Little London, Jamaica; Small London, Nigeria. The London Organising Committee of the Olympics demanded that the Paddy Power ads be removed from billboards however subsequently backed down when Paddy Powers sought an interim order preventing the removal of the billboards. Without commenting on the campaign itself, it was a tactical decision by the committee not to get involved in costly legal proceedings with Paddy Powers and also by doing this it removed a lot of the publicity the adverts created.
© Cosgrove Gaynard Solicitors. All rights reserved.
Facebook and Instagram are owned by Meta Platforms, which operates its European services through Meta Platforms Ireland Limited, headquartered in Dublin. Under Meta’s commercial terms, if the dispute is with Meta Platforms Ireland Limited, the claim must be resolved in the courts of the Republic of Ireland and Irish law governs the dispute. This contractual clause is critical for influencers and advertisers because it effectively establishes Ireland as the contractual jurisdiction and Irish courts as the forum for legal disputes.
Text LinkOur media and entertainment law practice advises and represents content creators and influencers in disputes relating to social media monetisation, advertising income, brand sponsorships and platform payment disputes.We act for creators and digital media businesses in litigation and dispute resolution arising from non-payment of advertising revenue, breach of creator agreements and misuse of digital content.
Text LinkThe authorisation process under the Markets in Crypto‑Assets Regulation (MiCA) requires firms intending to operate as Crypto-Asset Service Providers (CASPs) in the European Union to obtain regulatory approval from their national competent authority. In Ireland, this authority is the Central Bank of Ireland (CBI).While the formal application process is the second stage of authorisation, firms are strongly encouraged to engage with the regulator early through a pre-application phase. This initial engagement enables the CBI to understand the proposed business model and provides firms with valuable regulatory feedback before submitting a full application.
Text LinkCosgrove Gaynard Solicitors provides expert legal advice in residential and commercial property transactions throughout Dublin and across Ireland. Our property law team acts for buyers, sellers, landlords, tenants, developers, and investors, delivering efficient, practical, and results-focused legal services.With extensive experience handling property transactions in Dublin City and surrounding areas, we guide clients through every stage of the conveyancing and property process with clarity and confidence.
Text LinkAt Cosgrove Gaynard Solicitors, we advise clients across Ireland on personal injury and road traffic accident claims. Our team can guide you through every stage of the process — from initial consultation to resolution. This guide explains how to claim compensation after a road traffic accident in Ireland, what steps to take, time limits involved, and how the process works.
Text LinkUnder MiCA, most public token offerings or exchange listings require a mandatory disclosure document called a crypto-asset white paper. It’s not marketing and not optional — it’s a legally prescribed document with strict content, liability, and formatting rules. Think of it as a regulated prospectus-lite for crypto.
Text Link39 Waterloo Road,
Dublin 4
DX 109060 Fitzwilliam
Phone: 01 234 0044
Fax: 01 234 0047