Ambush marketing

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Ambush marketing

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Ambush marketing

  1. 1. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com FILMA VARGHESE TRADE MARK DEPARTMENT
  2. 2. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com INTRODUCTION • Ambush marketing is a marketing strategy where in the advertisers associates themself with and therefore capitalize on a particular event without paying any sponsorship fee. • The word "ambush" as used in the expression ambush marketing, means "an attack from a hidden position” and is derived from the old French verb embuschier, having the meaning "to place in a wood”. The term "ambush marketing" was coined by the famous marketing strategist Jerry Welsh, while he was working as the manager of global marketing efforts for the American Express Company in the 1980s. • The Ambush Marketing is believed to date back to the 1984 Olympic Games where Fuji was the official sponsor of the Games. Its main competitor, Kodak, used a clever ambush tactic in becoming the sponsor for the television broadcasting of the Games. Fuji evened the score by ambushing Kodak at the next Olympic Games in sponsoring the US swimming team, while Kodak was the official sponsor of the Games.
  3. 3. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com WHAT IS SPONSORSHIP? • Support an event, person, by the organization financially or through the provisions of products or services. • The main purpose of sponsorship is to increase public recognition and if possible allow some facilities to the sponsors for direct advertisements. • In exchange for the sponsorship fees, official sponsors typically get exclusive rights to certain advertising opportunities such as banners on the race course, naming rights to tournaments or event locations, being the official provider of a team’s uniform or shoes, merchandise tie-ins, and VIP tickets. • The sponsor expects a return in terms of publicity.
  4. 4. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com WHAT IS AMBUSH MARKETING? Marketing and promotional activities • Seek an association with a sponsored event • Without the authorization or consent of the organizer of the event or sponsor • Without paying the requisite fee • More Business • Less Capital invested with high returns • To misappropriate or capitalize on the goodwill and popularity of the sponsored event • Intentionally confuse the public into thinking that the ambush marketer is the official sponsor of the event. • To deflect some attention away from the competing sponsors • Reduces the intended effectiveness • The official sponsor who has paid for a heavy amount for the event loses its identification • Impact negativity on sponsorship rights • It is the biggest bugbear for official sponsors at sporting event whose outlay often runs into tens of millions of dollars. • Sponsors seek some guarantee from the organizer of the event that offenders will be pursued (in the sponsorship agreement)
  5. 5. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com SOME OF THE EXAMPLES OF AMBUSH MARKETING 1. Examples of ambush marketing include: advertising on billboards that are near the sporting event, for example, outside a stadium or along a marathon route; flying airborne banners; handing out freebies such as t-shirts, flags or caps near the event so that those inside a stadium are wearing or waving the logos of an ambush marketer; creating ads that refer to the sporting event, usually in generic terms to avoid liability for trademark infringement; sponsoring individual players at sporting events so that they wear the ambush marketer’s logo; sponsoring a news conference where team players are invited to speak. 2. In the 1984 Los Angeles Olympic Games where Converse was an official sponsor, Nike built huge murals near the Los Angeles Coliseum displaying the Nike logo and several athletes were wearing Nike sporting clothes. 3. Reebok was one of the official sponsors of the Barcelona Olympic Games in 1992. When the US basketball Dream Team went up to the podium to receive their gold medal, two of its most famous players, Michael Jordan and Charles Barkley, who had lucrative sponsor contracts with Nike covered the Reebok logo of their tracksuits with the US flag.
  6. 6. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com CONTINUED…. 4. In the Atlanta 1996 Olympic Games, Reebok was also an official sponsor. They were not pleased when at a press conference the British 100 meters runner Linford Christie appeared wearing blue contact lenses with the highly recognizable Puma logo in white in the centre of the each lens. The Puma logo lens received worldwide coverage and was front page of the most international newspapers. 5. In recent times the nation has been a witness to hoarding ambush advertisements. Jet airways came up with an ad campaign saying “we’ve changed”. To ambush the campaign kingfisher airlines came up with “we made them change” which was further ambushed by go airways saying “we’ve not changed. We are still the smartest way to fly”. The hoardings in this case were placed in the city of Mumbai in a vertical sequence. The campaigns proved to be a funny sight to the city when the opportunity was exploited by Indian railways intending to put down the entire airline industry itself when they said “we will never change”. The campaign was put to an end by the Mumbai bus service BEST who put the last hoarding above all which said “Ab bus karo, warna plane hoarding se crash ho jayega”
  7. 7. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com TYPES OF AMBUSH MARKETING Direct Ambush Marketing It takes place in the situation, when non-sponsor gives an impression of being an official sponsor by using words, players and logo associated with the events. Indirect Ambush Marketing There are several ways in which indirect ambush marketing takes place, for example by sponsoring the broadcast of an event or by sponsoring the subcategories of a major event. Incidental Ambush Marketing This comes into picture when the market communications of a company lead to such incidental ambushing of the official sponsors. It may be done in two ways: – Unintentional ambushing: This is when the consumers incorrectly identify a non- sponsoring company as an official sponsor due to its previous association or due expectation of association with the event. – Saturation "ambushing: "Saturation ambushers" increase their broadcast-media advertising and marketing at the time of an event but make no reference to the event itself and avoid any associative imagery or suggestion. A strategic increase in the marketing communication of a product through aggressive marketing in order to maximize the advertisement during the event by maximizing available advertising before, during and after the event.
  8. 8. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com STRATEGIES FOR AMBUSH MARKETING Predatory Ambushing - The sale of products at event is a useful and high profile way for certain type of potential sponsors (soft drink and fast food suppliers) to raise their profile in association with a sport and also to sell their products. Corporate Hospitality and Ticketing - This method consist of buying of tickets for event and offering hospitality and touring packages, which are not being sanctioned by the right owners. Engage in Major Non-sponsorship Promotions to coincide with the event - For example, organize contests to send consumers to the vent, place hoardings or booths at strategic locations during the event etc. Sponsor Subcategories within the Major Event - This is very widespread and cost-effective method of association with an event of major public interest. Essentially, the ambusher sponsor some lesser element attached to overall event and exploits this association through major promotional effort. Purchasing Advertisement time during the broadcast replay - A company wishing to deny a competitor the full benefits of their event or broadcast sponsorship can engage in ambush marketing by buying advertising time in the slots of around repeat telecast of event.
  9. 9. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com WHERE DOES AMBUSH MARKETING LEGALLY STAND? Organization committees had to find ways to fill various legal gaps by both forcing governments to legislate special provisions, and developing sponsorship agreements, for the purpose of preventing ambushers. However, non-sponsors refused to be outsmarted, and kept finding ways of ambushing their competitors, despite special legal provisions that were put into place for the Atlanta Olympic Games (1996), Sydney Olympic Games (2000), Beijing Olympic Games (2008) and South Africa World Cup (2010). Contracting with the athletes, sponsoring the press conference room, using helicopters or planes to fly banners over the event arenas, giving away free products to spectators of the event, or tattooing the logo or brand on athletes during the course of games, shaving brands or logos onto the back of players' heads are some other creative ambush tactics. While some tactics may be considered as infringements of event organizers' or official sponsors' IP rights, it may not be possible to pass judgment on all ambush marketing attempts as being illegal. The ambushers mostly find a creative way to use unprotected generic words or images that may be associated with a particular sports event, navigating through legal gaps.
  10. 10. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com CONTINUED…. Ambush Marketing is still being considered under the domestic trademark or unfair competition laws in most countries. From a legal point of view, ambush marketing is a controversial and infrequently litigated issue, and there is no internationally recognized law in this area. For instance, in the US, where ambush marketing is commonplace, this practice does not habitually attract trademark infringement cases. Any such claim is unlikely to be successful under trademark infringement rights, as ambushers create and use their own marks and names associated with themselves. The more likely legal recourse would be under the passing-off, false advertising or breach of contract. In another leading jurisdiction, the UK, there is no specific legislation per se for ambush marketing claims. The protection may be exercised through the British Code of Advertising and Sales Promotion against advertisements that do not comply with the Code. Some arrangements were made to tackle this issue, but they were all event- specific, such as the Sydney 2000 (Indicia and images) Protection Act (1996) and the Olympic Arrangement Act in Australia, and the Olympic Symbol (Protection) Act (1995) in the UK. Uncertainty in establishing ambush marketing for filing claims is a fundamental challenge for seeking a legal remedy.
  11. 11. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com SHOULD WE LEGISLATE ON AMBUSH MARKETING? • As far as India is concerned, it is on the threshold of hosting major international sports event, there will be calls for official event sponsorship to receive special legal protection. • The second aspect worth mentioning is that the fixation of the determining point is quite difficult. It so happens that sometimes a parody or spoof in most of the cases becomes difficult to prove that it is illegal or a copyright infringement, as most often it is protected as free speech and a form of permissible cultural criticism • Certain cases ambush marketing has a creative and innovative element to it and should therefore be promoted rather than prohibited. Bringing ambush marketing under legal umbrella shall limit freedom and will have negative social consequences. • Existing laws in India do not provide the ambushed entity or the event organizer a ready remedy. Trademark law, nor the tort of “passing off” can be used effectively by an alleged victim of an ambush marketing campaign.
  12. 12. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com It is impossible to completely stop ambush marketing because we can never stop the flow of new, creative and innovative ideas. Unless there is a proper legislation made to protect the interests of the official sponsors, it might be close to impossible to curb the onslaught of ambush practices. CONCLUSION
  13. 13. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com THANK YOU

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