Ambush marketing at major sporting events: legal framework and challenges

by Elnur Aliyev, LLM

Senior Associate at BHM Baku Law CentreLawyer at Baku 2015

Ambush Marketing means any activity, commercial or non-commercial, undertaken by

any person or entity, whether public or private, that creates, implies or refers to a direct or indirect association of any kind (including an association in the minds of members of the public) with any Games

Body or the Games, and the display or distribution of advertising materials or products with the intention of gaining exposure for any brand in or within the vicinity of Games Venues, which has not been

properly authorised by BEGOC or any other Games Body

Nike was the sponsor of…?

Ambush by Association (1)

GlobalWebIndex research, 2014

40% of UK, US and Brazilian consumers wrongly believed that Nike, MasterCard and Pepsi were official World Cup sponsors

Paid $351 million for the rights to the 2010 and 2014 World Cups

40,023,004 views

59th $7,378 m

#WriteTheFuture#RiskEverything

116,873,642 views

22nd $19,875 m

Interbrand's Best Global Brands list 2014

a tale of two brands Ambush by Association (2)

Ambush by Association (3)The thin red line

Rule of thumb

If you look at the advert and would almost expect to see an official sponsor logo at the end/in the corner of the advert

because of the connection made to the event, it is likely to have crossed the line.

Ambush by intrusion (1)Dr. Dre beats LOCOG

Ambush by intrusion (2)Would you like some Dutch beer?

Opportunistic ambush (1)Welcome home…Chiellini

Opportunistic ambush (2)That awkward moment…

Baku 20151st European Games

IP Law (Trademark, logo, copyright, etc.)

Advertising Laws (false/misleading advertising, passing off, etc.)

Unfair competition

Special legislation

London 2012Making fun of restrictions

London 2012An egg-and-spoon race

Contractual restrictions

The Olympic Charter (Rule 40)

There is no such thing as bad publicity…

except your own obituary.(Brendan Behan)

Many thanks for your attention! for any queries/thoughts/ideas:

elnur.aliyev@bhm.az