The actions of companies who seek to associate themselves with a sponsored event without paying the organizers. The ambush consists of giving the impression to consumers that the ambusher is somehow affiliated with the event.
marketing strategies are usually combined with the use of words or imagery that will remind consumers of the famous event.
The ICC sent out a memo on October 26 last year imposing restrictions on players endorsing products that are in direct conflict with World Cup sponsors
Nike – 1998: Despite Adidas being the sponsor of the 1998 FIFA World Cup, Nike decided to sponsor individual teams
The (ICC) has warned Indian captain Mahendra Singh Dhoni that he could be in breach of its ambush marketing laws and has asked him to stop promoting companies and products not related to the World Cup.
Action may be taken for infringement through the Trade Mark Act, 1999 or The Copyright Act, 1957 when it is direct.
One of the difficulties in dealing with ambush marketing is it often does not violate any laws, unless the ambush marketer uses the trademarks of an event organizer or an official sponsor or otherwise engages in unfair or deceptive conduct. In such occasion the conductor of the event may initiate an action but not the competitior /official sponserer
Instances of ambush marketing, unlike activities such as counterfeiting that involve the unauthorized use of a registered trademark on merchandise, are rarely actionable or amenable to the traditional intellectual property remedies of trademark infringement.
In the examples described above, the ambushed company cannot avail of any specific legal remedy. The advertising campaign can only be considered an unfair trade practice, the remedy for enforcement of which is not very clear