Ambush Marketing
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Ambush marketing or ambush advertising is a
marketing Marketing is the process of exploring, creating, and delivering value to meet the needs of a target market in terms of goods and services; potentially including selection of a target audience; selection of certain attributes or themes to emph ...
strategy in which an advertiser "
ambushes An ambush is a long-established military tactic in which a combatant uses an advantage of concealment or the element of surprise to attack unsuspecting enemy combatants from concealed positions, such as among dense underbrush or behind mount ...
" an event to compete for exposure against other advertisers. The term was coined by marketing strategist Jerry Welsh, while he was working as the manager of global marketing efforts for
American Express American Express Company (Amex) is an American multinational corporation specialized in payment card services headquartered at 200 Vesey Street in the Battery Park City neighborhood of Lower Manhattan in New York City. The company was found ...
in the 1980s. Most ambush marketing campaigns aim to associate a brand with the prominence of a major event, without actually being an "official" partner or sponsor of said event. An advertiser may indirectly ambush an event by alluding to its imagery and themes without referencing any specific
trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others ...
s associated with it, or in "direct" and "predatory" means—where an advertiser engages in the fraudulent use of official names and trademarks to deliberately mislead consumers. Actions against ambush advertising are most common in
sport Sport pertains to any form of Competition, competitive physical activity or game that aims to use, maintain, or improve physical ability and Skill, skills while providing enjoyment to participants and, in some cases, entertainment to specta ...
(where major events such as the
FIFA World Cup The FIFA World Cup, often simply called the World Cup, is an international association football competition contested by the senior men's national teams of the members of the ' ( FIFA), the sport's global governing body. The tournament ha ...
,
Olympic Games The modern Olympic Games or Olympics (french: link=no, Jeux olympiques) are the leading international sporting events featuring summer and winter sports competitions in which thousands of athletes from around the world participate in a var ...
, and the
Super Bowl The Super Bowl is the annual final playoff game of the National Football League (NFL) to determine the league champion. It has served as the final game of every NFL season since 1966, replacing the NFL Championship Game. Since 2022, the game ...
are prominent targets), as the practice can devalue and dilute exclusive sponsorship rights, and in some cases, infringe upon the organizers'
intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
rights. Such actions may include restricting advertising in "clean zones" around an event site, removing or obscuring references to non-sponsors at venues, and requiring host countries to pass laws to grant the organizer legal rights to enforce clean zones, and to restrict the use of specific words and concepts to create unofficial associations with the event. Anti-ambush marketing regulations have attracted controversy for limiting
freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
, and for preventing companies from factually promoting themselves in the context of an event.


Intent and techniques

Typically, ambush marketing is used to " ride off" the prominence and draw of a major event, aligning promotional activities and publicity around it, without having to pay fees to the event's organizer to be designated as an "official" sponsor in a certain product category. Ambush marketing techniques can be classified into two categories. The first, "direct" forms of ambush marketing, involve advertisers promoting themselves as being a part of or associated with an event, diluting the exposure of official sponsors and their respective campaigns—especially if they are the product of the non-sponsor's competitors, while indirect forms of ambush marketing use imagery relating to an event in advertising to evoke a mental connection with it, without specifically mentioning it. "Predatory" forms of direct ambush marketing involve fraudulent claims by a non-sponsor that pass themselves off as being an "official" sponsor, usually by making direct references to
trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others ...
s relating to an event, but without having any official authorization from the event's organizers to identify itself as an official sponsor or use its trademarks. An advertiser may attempt to perform a
publicity stunt In marketing, a publicity stunt is a planned event designed to attract the public's attention to the event's organizers or their cause. Publicity stunts can be professionally organized, or set up by amateurs. Such events are frequently utilize ...
inside the venue itself to attract attention to their brand, such as having attendees wear attire that is associated with the company. An official sponsor can also be involved in direct ambush marketing if they perform more extensive promotional activities at an event than they were originally authorized, such as distributing branded merchandise when they were only granted advertising on signage—especially if these activities compete with those of another sponsor authorized to do so. A company may also perform direct ambush marketing by riding coattails—factually marketing their role in connection to an event or its participants. For example, a company which produces sporting equipment may advertise that they are the official supplier for a specific athlete or team. Similarly, a non-sponsor may choose to solely sponsor the event's telecast by a broadcaster, but not the event itself. The factual acknowledgment of a non-sponsor's involvement with the participants in an event by, for example, a television host or commentator, can also be considered an incidental form of coattail marketing, as it provides additional unpaid publicity to the brand. Most forms of indirect ambush marketing involve a non-sponsor making use of imagery, themes, and
values In ethics and social sciences, value denotes the degree of importance of something or action, with the aim of determining which actions are best to do or what way is best to live (normative ethics in ethics), or to describe the significance of dif ...
similar to what the event and campaigns from official sponsors express, either positively or negatively, and without making specific references to the event itself or its trademarks. In essence, the advertiser markets itself using content that evokes a mental association with the event, and as a result, appeals to those who are aware of the event. Advertisers may use a well-known nickname for the event that is not a trademark, such as "the big game". Similarly, a non-sponsor may use "distractive" techniques to divert consumers' attention away from the actual event and its official sponsors using similarly indirect means; for example, a non-sponsor may saturate the area at or around its venue (including street vendors, billboards, and
public transport Public transport (also known as public transportation, public transit, mass transit, or simply transit) is a system of transport for passengers by group travel systems available for use by the general public unlike private transport, typical ...
) with a competing marketing presence. Such "saturation marketing" may either be indirectly related to the event, or be incidental and make no references at all. In some cases, a company may sponsor or create a similar "parallel property," designed to compete directly with a major property by evoking similar thematics.


Regulations

In response to the threats of ambush marketing and other forms of
trademark infringement Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the licence). Infringement may o ...
, organizers of major sporting events have sometimes required host countries or cities to implement special laws that, going beyond standard
trademark law A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from othe ...
, provide regulations and penalties for advertisers who disseminate marketing materials that create unauthorized associations with an event by making references to specific words, concepts, and symbols. Organizers may also require a city to set up "clean zones" in and around venues, in which advertising and commerce is restricted to those that are authorized by the event's organizer—specifically, the event's official sponsors. In some cases, a venue may be required to suspend its
naming rights Naming rights are a financial transaction and form of advertising or memorialization whereby a corporation, person, or other entity purchases the right to name a facility, object, location, program, or event, typically for a defined period of t ...
for the duration of the event if the venue is named for a concern that is not an official sponsor, during which it is referred to under a generic name by all event-related materials and telecasts, and all signage referring to the sponsored name may be obscured or removed. For example,
2010 Winter Olympics )'' , nations = 82 , athletes = 2,626 , events = 86 in 7 sports (15 disciplines) , opening = February 12, 2010 , closing = February 28, 2010 , opened_by = Governor General Michaëlle Jean , cauldron = Catriona Le May DoanNancy GreeneWayne Gretz ...
hockey venue General Motors Place (since renamed to
Rogers Arena Rogers Arena is a multi-purpose arena located at 800 Griffiths Way in the downtown area of Vancouver, British Columbia, Canada. Opened in 1995, the arena was known as General Motors Place (GM Place) from its opening until July 6, 2010, when Ge ...
) was renamed "Canada Hockey Place" for the duration of the Games. Broadcasters of events may be contractually required to give the official sponsors
right of first refusal Right of first refusal (ROFR or RFR) is a contractual right that gives its holder the option to enter a business transaction with the owner of something, according to specified terms, before the owner is entitled to enter into that transaction ...
to purchase advertising time during their telecasts. Some events may require all advertising time to be controlled and allocated by the organizer itself, such as the
UEFA Champions League The UEFA Champions League (abbreviated as UCL, or sometimes, UEFA CL) is an annual club football competition organised by the Union of European Football Associations (UEFA) and contested by top-division European clubs, deciding the competit ...
.


Examples

The earliest example of general anti-ambush advertising legislation were passed in
South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...
in 2001 in preparation for the
2003 Cricket World Cup The 2003 ICC Cricket World Cup was the eighth Cricket World Cup, organised by the International Cricket Council (ICC). It was co-hosted by South Africa, Zimbabwe and Kenya from 9 February to 23 March 2003. This edition of the World Cup was the f ...
. The law gave the Minister of Trade and Industry the ability to designate specific events as "protected," making it illegal to use the event's trademarks visually, audibly, and "in promotional activities, which in any way, directly or indirectly, is intended to be brought into association with or to allude to an event," to "derive special promotional benefit from the event," without the consent of the organizer. Prior to the
2011 Rugby World Cup The 2011 Rugby World Cup was the seventh Rugby World Cup, a quadrennial international rugby union competition inaugurated in 1987. The International Rugby Board (IRB) selected New Zealand as the host country in preference to Japan and South Af ...
,
New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
passed the similar "Major Events Management Act," which prohibits any promotional use of words, emblems, and concepts implying association with events specifically designated as "major" by the national government, without permission from the event's organizers. The law also provides the ability for clean zones to be established around event sites for the purposes of enforcing advertising rules and providing
crowd control Crowd control is a public security practice in which large crowds are managed in order to prevent the outbreak of crowd crushes, affray, fights involving drunk and disorderly people or riots. Crowd crushes in particular can cause many hundreds ...
.
Rule 40 Rule 40 is a by-law in the Olympic Charter stating that only approved sponsors may reference "Olympic-related terms". It was introduced by the International Olympic Committee (IOC) to prevent so-called ambush marketing by companies who are not offi ...
of the
Olympic Charter The Olympic Charter is a set of rules and guidelines for the organisation of the Olympic Games, and for governing the Olympic movement. Its last revision was on the 17th of July 2020 during the 136th IOC Session, held by video conference. Adop ...
forbids all Olympic athletes from participating in marketing activities for companies that are not official sponsors of the Olympics, even if they have official relationships with the advertiser, during a timeframe that begins 9 days before the opening ceremony, and ends 3 days after the Games' conclusion. The
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
passed the
London Olympic Games and Paralympic Games Act 2006 The London Olympic Games and Paralympic Games Act 2006 (c 12) is an Act of the Parliament of the United Kingdom. It was passed following the decision of the International Olympic Committee to stage the 2012 Olympic Games in London. It is inte ...
prior to the
2012 Summer Olympics The 2012 Summer Olympics (officially the Games of the XXX Olympiad and also known as London 2012) was an international multi-sport event held from 27 July to 12 August 2012 in London, England, United Kingdom. The first event, the ...
: on top of existing laws providing special protection for
Olympic symbols The International Olympic Committee (IOC) uses icons, flags and symbols to elevate the Olympic Games. These symbols include those commonly used during Olympic competition—such as the flame, fanfare and theme—as well as those used throughout ...
, the act banned the use of the words "2012" and "Games" by non-sponsors, either together, or with words or concepts relating to the event, such as "Gold," "Silver," "Bronze," "Medals," "Summer," "Sponsors," or "London," to imply an association with the Games. LOCOG also announced plans to enforce these rules in the internet
keyword advertising Keyword advertising is a form of online advertising in which an advertiser pays to have an advertisement appear in the results listing when a person uses a particular phrase to search the Web, typically by employing a search engine. The particular ...
market.


Examples


The "credit card wars"

The first notable instances of ambush marketing occurred between the
1984 Summer Olympics The 1984 Summer Olympics (officially the Games of the XXIII Olympiad and also known as Los Angeles 1984) were an international multi-sport event held from July 28 to August 12, 1984, in Los Angeles, California, United States. It marked the secon ...
in Los Angeles, and the
1988 Summer Olympics The 1988 Summer Olympics (), officially known as the Games of the XXIV Olympiad () and commonly known as Seoul 1988 ( ko, 서울 1988, Seoul Cheon gubaek palsip-pal), was an international multi-sport event held from 17 September to 2 October ...
in Seoul. Earlier Games allowed any number of companies to be official sponsors, and there were a record 628 sponsors for the
1976 Summer Olympics Events January * January 3 – The International Covenant on Economic, Social and Cultural Rights enters into force. * January 5 – The Pol Pot regime proclaims a new constitution for Democratic Kampuchea. * January 11 – The 1976 Phi ...
in Montreal. Despite the revenue it provided for the Games, the ability for sponsors to promote awareness of themselves within the context of the Games was diluted by the sheer number. In order to improve the value of these sponsorships, the
International Olympic Committee The International Olympic Committee (IOC; french: link=no, Comité international olympique, ''CIO'') is a non-governmental sports organisation based in Lausanne, Switzerland. It is constituted in the form of an association under the Swiss ...
implemented a system of exclusive sponsorship rights within specific market categories for the 1984 Summer Olympics. In 1986,
credit card A credit card is a payment card issued to users (cardholders) to enable the cardholder to pay a merchant for goods and services based on the cardholder's accrued debt (i.e., promise to the card issuer to pay them for the amounts plus the o ...
company
American Express American Express Company (Amex) is an American multinational corporation specialized in payment card services headquartered at 200 Vesey Street in the Battery Park City neighborhood of Lower Manhattan in New York City. The company was found ...
(Amex)—rival to official sponsor
Visa Inc. Visa Inc. (; stylized as ''VISA'') is an American multinational financial services corporation headquartered in San Francisco, California. It facilitates electronic funds transfers throughout the world, most commonly through Visa-branded cred ...
, began a marketing campaign in Asia promoting merchandise from a fictitious "Olympic Heritage Committee," supposedly based in Switzerland. American Express halted the campaign following complaints by the IOC, who threatened to denounce the company's actions with ads and media events in which
sports minister A minister of sport (or sports minister) is a position in the governments of some countries responsible for dealing with sports. Minister of Sport may refer to: * Ministry of Tourism and Sports (Argentina) * Minister for Sport (Australia) * Minist ...
s and Olympic athletes from the countries involved in the campaign would cut American Express
credit card A credit card is a payment card issued to users (cardholders) to enable the cardholder to pay a merchant for goods and services based on the cardholder's accrued debt (i.e., promise to the card issuer to pay them for the amounts plus the o ...
s into pieces, if they did not withdraw the ads. In a follow-up, American Express released ads featuring a photo from the opening ceremony of the 1986 Asian Games held in the same city, captioned "Amex welcomes you to Seoul." The ad was intended to mislead readers into thinking that it was a photo of the Olympics' opening ceremony. Jerry Welsh, who was the manager of global marketing efforts for American Express in the 1980s, defended Amex's practices as a corporation's duty to its shareholders after they lost out on the official Olympic sponsorship rights to Visa, as well as coining the term "ambush marketing" to refer to these activities. Amex's campaigns resulted in retaliatory advertising from Visa; in a continuation of an ongoing campaign promoting its exclusivity at certain venues and events, Visa ran advertising promoting that it was the only credit card accepted at Olympic venues and for purchasing tickets. Amex in turn felt that Visa's advertisements were misleading, citing viewers who interpreted the ads as to believe that no other credit cards were accepted anywhere in the host city during the Olympics (such as at shops and restaurants), rather than applying only for Olympic ticket sales and at venues. Prior to the
1992 Winter Olympics ) , nations = 64 , athletes = 1,801 (1313 men, 488 women) , events = 57 in 6 sports (12 disciplines) , opening = 8 February 1992 , closing = 23 February 1992 , opened_by = President François Mitterrand , cauldron ...
and
Summer Olympics The Summer Olympic Games (french: link=no, Jeux olympiques d'été), also known as the Games of the Olympiad, and often referred to as the Summer Olympics, is a major international multi-sport event normally held once every four years. The inau ...
, American Express aired advertisements acknowledging these facts, explained with the slogan "You'll need a
passport A passport is an official travel document issued by a government that contains a person's identity. A person with a passport can travel to and from foreign countries more easily and access consular assistance. A passport certifies the personal ...
, but you don't need a Visa." Prior to the 1992 Summer Olympics, the company also promoted a partnership with
Iberia The Iberian Peninsula (), ** * Aragonese and Occitan: ''Peninsula Iberica'' ** ** * french: Péninsule Ibérique * mwl, Península Eibérica * eu, Iberiar penintsula also known as Iberia, is a peninsula in southwestern Europe, defi ...
and
Turespaña The Instituto de Turismo de España – Turespaña (Tourism Institute of Spain), is the official agency of the Government of Spain responsible for the marketing of the country as a tourist destination throughout the world. It depends on the Minis ...
that made American Express "the official credit card of tourism in Spain"—a campaign which factored the Olympics, as well as
Seville Expo '92 The Seville Expo '92 was a universal exposition that took place from Monday, April 20 to Monday, October 12, 1992, on La Isla de La Cartuja (Charterhouse Island), Seville, Spain. The theme for the expo was "The Age of Discovery", celebrating the ...
. The IOC negotiated a truce between Amex and Visa to tone down their advertisements, but encouraged Visa once Amex returned to its ambush marketing in 1994, and Amex finally conceded defeat by 1996.


Nike

Since the mid 1990s,
Nike Nike often refers to: * Nike (mythology), a Greek goddess who personifies victory * Nike, Inc., a major American producer of athletic shoes, apparel, and sports equipment Nike may also refer to: People * Nike (name), a surname and feminine give ...
became known for several major ambush marketing schemes at the Olympics and association football tournaments. In the
1992 Summer Olympics The 1992 Summer Olympics ( es, Juegos Olímpicos de Verano de 1992, ca, Jocs Olímpics d'estiu de 1992), officially known as the Games of the XXV Olympiad ( es, Juegos de la XXV Olimpiada, ca, Jocs de la XXV Olimpíada) and commonly known as ...
, while the United States Olympic team was sponsored by Reebok, most of the prominent players on the United States men's Olympic basketball team had been signed up by Nike as professionals. At the podium ceremony
Michael Jordan Michael Jeffrey Jordan (born February 17, 1963), also known by his initials MJ, is an American businessman and former professional basketball player. His biography on the official NBA website states: "By acclamation, Michael Jordan is the g ...
famously covered up the Reebok logo with the American flag. At the
1996 Summer Olympics The 1996 Summer Olympics (officially the Games of the XXVI Olympiad, also known as Atlanta 1996 and commonly referred to as the Centennial Olympic Games) were an international multi-sport event held from July 19 to August 4, 1996, in Atlanta, ...
, Nike engaged in a marketing campaign including magazine ads and billboards, to compete with
Reebok Reebok International Limited () is an American fitness footwear and clothing manufacturer that is a part of Authentic Brands Group. It was established in England in 1958 as a companion company to J.W. Foster and Sons, a sporting goods company ...
who had paid $50 million to become the event's official sponsor. Nike gave a $30,000 pair of gold-colored racing shoes to Michael Johnson, which he used during competition and later displayed on the cover of
Time magazine ''Time'' (stylized in all caps) is an American news magazine based in New York City. For nearly a century, it was published weekly, but starting in March 2020 it transitioned to every other week. It was first published in New York City on Mar ...
. Consistent with its aggressively-toned marketing of the time, Nike's campaign featured slogans parodying those of the Olympics and attacking its values, including "Faster, Higher, Stronger, Badder", "You don't win Silver, you lose Gold", and "If you're not here to win, you're a tourist." Nike set up a prominent
pop-up store Pop-up retail, also known as pop-up store (pop-up shop in the UK, Australia and Ireland) or flash retailing, is a trend of opening short-term sales spaces that last for days to weeks before closing down, often to catch onto a fad or scheduled e ...
near the athletes' village, and was also attempting to have fans to display signs with the aforementioned slogans inside venues. IOC marketing director Michael Payne noted that the campaign was being widely criticized, as athletes were "likely to be uncomfortable when their shoe sponsor says they have failed unless they win a gold medal", and that Nike was "crossing the very fine line between having an impact and biting the hand that creates tomorrow's heroes." Jim Andrews, a marketing executive, said "Nike took a lot of flack for that campaign. It wasn't in the spirit of the games. There's a lot of consumer love for the Olympics and the athletes, and that arketingjust crossed the line for a lot of people." Payne and the
United States Olympic Committee The United States Olympic & Paralympic Committee (USOPC) is the National Olympic Committee and the National Paralympic Committee for the United States. It was founded in 1895 as the United States Olympic Committee, and is headquartered in Col ...
's marketing director John Krimsky held a meeting over the campaign with Howard Slusher, a subordinate of Nike co-founder
Phil Knight Philip Hampson Knight (born February 24, 1938) is an American billionaire businessman. He is the co-founder and chairman ''emeritus'' of Nike, Inc., and was previously chairman and CEO of the company. As of October 3, 2022, Knight was ranke ...
. The meeting quickly turned aggressive; Payne threatened IOC counter-measures, including pulling accreditation for Nike employees, banning the display of its logos on equipment, and organizing a press conference where silver medallists from the Games, as well as prominent Nike-sponsored athlete Michael Johnson, would denounce the company. Faced with these threats, Nike agreed to retract most of its negative advertising and PR stunts. After Reebok unexpectedly pulled out on short notice, and likely attributed to new rules by the IOC and USOC that effectively banned Nike's aggressive ambush marketing antics used in 1996, Nike stepped in as the official sportswear supplier of the
2000 Summer Olympics The 2000 Summer Olympics, officially the Games of the XXVII Olympiad and also known as Sydney 2000 (Dharug: ''Gadigal 2000''), the Millennium Olympic Games or the Games of the New Millennium, was an international multi-sport event held from 1 ...
in Sydney, Australia—using them to launch the company's first-ever global marketing campaign. To rebuke Nike's negative rhetoric, the IOC also engaged in a global marketing campaign of its own called "Celebrate Humanity", with one ad proclaiming 'Someone once said “If you don’t win the silver, you lose the gold.” Obviously they never won the silver.’ For the
2012 Summer Olympics The 2012 Summer Olympics (officially the Games of the XXX Olympiad and also known as London 2012) was an international multi-sport event held from 27 July to 12 August 2012 in London, England, United Kingdom. The first event, the ...
, Nike was not an official sponsor but ran an ad campaign titled ‘Find Your Greatness’ featuring “everyday athletes” from cities named London in
Ohio Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
,
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
, Nigeria and
Jamaica Jamaica (; ) is an island country situated in the Caribbean Sea. Spanning in area, it is the third-largest island of the Greater Antilles and the Caribbean (after Cuba and Hispaniola). Jamaica lies about south of Cuba, and west of His ...
, which also tactfully avoided infringing on sponsorship rules. At the
2020 Summer Olympics The , officially the and also known as , was an international multi-sport event held from 23 July to 8 August 2021 in Tokyo, Japan, with some preliminary events that began on 21 July. Tokyo was selected as the host city during the ...
, during the medal ceremony the Brazil men's Olympic football team players did not fully wear the Brazil's official Olympic uniform provided by Chinese manufacturer Peak Sport, sporting only the pants while the jackets were tied around their waists. The players wore their Nike jerseys on the podium, apparently under orders from the
Brazilian Football Confederation The Brazilian Football Confederation ( pt, Confederação Brasileira de Futebol; CBF) is the governing body of football in Brazil Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country ...
, as Nike sponsors their football teams. Other Brazilian athletes complained that the football players were not part of the Olympic team. Peak Sport voiced concern that Nike could be confused as one of its subsidiary brands. Nike also performed saturation ambushes at
UEFA Euro 1996 The 1996 UEFA European Football Championship, commonly referred to as Euro 96, was the 10th UEFA European Championship, a quadrennial football tournament contested by European nations and organised by UEFA. It took place in England from 8 to 30 ...
and the
1998 FIFA World Cup The 1998 FIFA World Cup was the 16th FIFA World Cup, the football world championship for men's national teams. The finals tournament was held in France from 10 June to 12 July 1998. The country was chosen as the host nation by FIFA for the ...
, by buying advertising space in the vicinity of the host venues in order to prevent the official sponsors (
Umbro Umbro is an English sports equipment manufacturer founded in 1924 in Wilmslow, Cheshire and based in Manchester. They specialise in football and rugby sportswear featuring their ''Double Diamond'' logo. Umbro products are marketed in over 100 c ...
and
Adidas Adidas AG (; stylized as adidas since 1949) is a German multinational corporation, founded and headquartered in Herzogenaurach, Bavaria, that designs and manufactures shoes, clothing and accessories. It is the largest sportswear manufactur ...
respectively) from being able to promote themselves. Nike's actions influenced the eventual adoption of "safe zone" rules, requiring official sponsors to have exclusive use of all advertising locations within a certain radius of an event's venue. For the
2010 FIFA World Cup , image = 2010 FIFA World Cup.svg , size = 200px , caption = ''Ke Nako. (Tswana and Sotho for "It's time") Celebrate Africa's Humanity'It's time. Celebrate Africa's Humanity'' (English)''Dis tyd. Vier Afrika se mensd ...
, Nike conducted the “Write the Future” ad campaign, avoiding uses of FIFA or World Cup in its branding, but gaining awareness thanks to a YouTube video that featured star footballers, star athletes from other sports, and celebrities.


FIFA World Cup

During the
2006 FIFA World Cup The 2006 FIFA World Cup, also branded as Germany 2006, was the 18th FIFA World Cup, the quadrennial international football world championship tournament. It was held from 9 June to 9 July 2006 in Germany, which had won the right to host the ...
, Bavaria Brewery distributed "
Leeuwenhosen Leeuwenhosen (; singular ''leeuwenhose'') are orange-colored, lion-tailed overalls distributed by the Bavaria Brewery, a popular Dutch beer brewery, during the 2006 FIFA World Cup. The concept was realized by Peer Swinkels, the chairman of Bavaria ...
"—branded
overall Overalls, also called bib-and-brace overalls or dungarees, are a type of garment usually used as protective clothing when working. The garments are commonly referred to as a "pair of overalls" by analogy with "pair of trousers". Overalls were ...
s with
lion The lion (''Panthera leo'') is a large Felidae, cat of the genus ''Panthera'' native to Africa and India. It has a muscular, broad-chested body; short, rounded head; round ears; and a hairy tuft at the end of its tail. It is sexually dimorphi ...
tails, colored in the orange of the
Netherlands national football team The Netherlands national football team ( nl, Nederlands voetbalelftal or simply ''Het Nederlands elftal'') has represented the Netherlands in international men's football matches since 1905. The men's national team is controlled by the Royal Du ...
. Officials at games directed fans to take off the Leeuwenhosen and put on orange-colored shorts instead, as the clothing infringed on the exclusive beer sponsorship rights owned by
Anheuser-Busch Anheuser-Busch Companies, LLC is an American brewing company headquartered in St. Louis, Missouri. Since 2008, it has been wholly owned by Anheuser-Busch InBev SA/NV (AB InBev), now the world's largest brewing company, which owns multiple glo ...
. Bavaria Brewery was again accused of ambush marketing at the
2010 FIFA World Cup , image = 2010 FIFA World Cup.svg , size = 200px , caption = ''Ke Nako. (Tswana and Sotho for "It's time") Celebrate Africa's Humanity'It's time. Celebrate Africa's Humanity'' (English)''Dis tyd. Vier Afrika se mensd ...
, when 36 female fans were ejected from a game (along with the arrest of two, later released, accused of violating the Contravention of Merchandise Marks Act) for wearing unbranded orange
miniskirts A miniskirt (sometimes hyphenated as mini-skirt, separated as mini skirt, or sometimes shortened to simply mini) is a skirt with its hemline well above the knees, generally at mid-thigh level, normally no longer than below the buttocks; and a ...
that were provided by Bavaria;
Sylvie van der Vaart Sylvie Françoise Meis (born 13 April 1978), known for sometime as Sylvie van der Vaart, is a Dutch television personality and model based in Germany. Career Netherlands Born in Breda, Netherlands, Meis is partly of Dutch East Indies origin ...
, wife of Dutch player
Rafael van der Vaart Rafael Ferdinand van der Vaart (born 11 February 1983) is a Dutch former professional footballer who played as an attacking midfielder, and is currently the assistant manager of Danish 2nd Division club Esbjerg fB. Van der Vaart began his c ...
, had modeled one of the miniskirts in an advertising campaign for the brewery.
Robbie Earle Robert Fitzgerald Earle MBE (born 27 January 1965) is an English-born Jamaican former international footballer who played as an attacking midfielder. He played 578 league games in senior club football, scoring 136 goals. A former youth playe ...
was also fired from his roles as
ITV Sport ITV Sport is a sport producer for ITV. It was formed following the merger between Granada Sport and Central Sport.England's bid for the 2018 World Cup, when it was claimed by FIFA that he had sold tickets meant for family and friends on to Bavaria. Prior to the 2010 FIFA World Cup, South African budget airline Kulula.com ran an advertisement that played upon the fact that they were not an official sponsor of the tournament: it described themselves as "Unofficial National Carrier of the You-Know-What," and contained images of stadiums, balls,
vuvuzela The vuvuzela is a horn, with an inexpensive injection-molded plastic shell about long, which produces a loud monotone note, typically around B♭ 3 (the first B♭ below middle C). Some models are made in two parts to facilitate storage, and ...
s and national flags. The ad was pulled following a complaint by FIFA, who claimed that the ads contained symbols that constituted an unauthorized association with the event when used together. Kulula.com mocked FIFA's objections in subsequent advertising: a follow-up ad deliberately replaced the items from the first ad with similarly-shaped items (such as
disco ball A disco ball (also known as a mirror ball or glitter ball) is a roughly sphere, spherical object that reflects light directed at it in many directions, producing a complex display. Its surface consists of hundreds or thousands of facets, nearl ...
s and
golf tee A tee is a stand used in sport to support and elevate a stationary ball prior to striking with a foot, club or bat. Tees are used extensively in golf, tee-ball, baseball, American football, and Rugby football, rugby. Etymology The word tee is de ...
s), and explained that there were other reasons to travel South Africa "than just for that thing we wouldn't dare mention." The airline also announced that it would give away free flights to anyone named "
Sepp Blatter Joseph "Sepp" Blatter (born Josef Blatter; 10 March 1936) is a Swiss former football administrator who served as the eighth President of FIFA from 1998 to 2015. He has been banned from participating in FIFA activities since 2015 as a result of ...
"; the offer was redeemed for a dog named after the then-
FIFA president The following is a list of presidents of the Fédération Internationale de Football Association (FIFA), the world association football governing body. Presidents Daniel Burley Woolfall, Rodolphe Seeldrayers, and Arthur Drewry died during the ...
.


Olympic Games

The
International Olympic Committee The International Olympic Committee (IOC; french: link=no, Comité international olympique, ''CIO'') is a non-governmental sports organisation based in Lausanne, Switzerland. It is constituted in the form of an association under the Swiss ...
has required host cities to enact measures to restrict commerce around venues, ensure official sponsors have access to public advertising space, "reduce and sanction" ambush marketing, and keep venues "clean" of any references to non-sponsors. At the
2008 Summer Olympics The 2008 Summer Olympics (), officially the Games of the XXIX Olympiad () and also known as Beijing 2008 (), were an international multisport event held from 8 to 24 August 2008, in Beijing, China. A total of 10,942 athletes from 204 Na ...
in Beijing, the IOC worked with the local organizing committee to develop a "robust brand-protection program"; logos of non-sponsors were covered with tape on equipment at Games facilities—a restriction that applied even to appliances, bathroom fixtures, elevators, and fire extinguishers. However, there was a high-profile ambush during the
opening ceremony An opening ceremony, grand opening, or ribbon-cutting ceremony marks the official opening of a newly-constructed location or the start of an event.
; former Olympic gymnast
Li Ning Li Ning (born March 10, 1963 in Liuzhou, Guangxi) is a Chinese retired gymnast, billionaire entrepreneur, and the founder of the eponymous sportswear company Li-Ning. Gymnastics career Li started training at the age of eight and was select ...
, who founded an eponymous Chinese shoe company, lit the Olympic cauldron. The Li-Ning company was not an official sponsor of the Games (but did act as an equipment supplier for some of China's teams), and Li wore
Adidas Adidas AG (; stylized as adidas since 1949) is a German multinational corporation, founded and headquartered in Herzogenaurach, Bavaria, that designs and manufactures shoes, clothing and accessories. It is the largest sportswear manufactur ...
apparel for the sequence per its official sponsorship. On the first trading day following the ceremony, Li-Ning's share price increased by 3.52%. Prior to the
2012 Summer Olympics The 2012 Summer Olympics (officially the Games of the XXX Olympiad and also known as London 2012) was an international multi-sport event held from 27 July to 12 August 2012 in London, England, United Kingdom. The first event, the ...
in London, England,
bookmaker A bookmaker, bookie, or turf accountant is an organization or a person that accepts and pays off bets on sporting and other events at agreed-upon odds. History The first bookmaker, Ogden, stood at Newmarket in 1795. Range of events Bookma ...
Paddy Power Paddy Power is an Irish gambling company founded in 1988. Its product offering includes sports betting, online casino, online poker, and online bingo. The business is split into two divisions, UK Ireland (UKI) and International. UKI operations ...
placed ads promoting itself as the "official sponsor" of "the largest athletics event in London this year"—an egg-and-spoon race in the French village of London, Burgundy, with a prize of €100 in Paddy Power credit. LOCOG threatened Paddy Power over the campaign, but backtracked after the bookmaker threatened to take them to court. When announcing the planned lawsuit, a Paddy Power spokesmen quipped that "It's a pity they didn't put the same energy in to the ticketing and security arrangements for the Games that they put into protecting their sponsorship revenue streams." Nike released a television advert tying into the Games with a similar concept, featuring footage of athletes training in other places named "London", and the tagline "Greatness doesn't only exist in SW19". Following the Games, a study by the
Global Language Monitor The Global Language Monitor (GLM) is a company based in Austin, Texas that collectively documents, analyzes, and tracks trends in language usage worldwide, with a particular emphasis upon the English language. It is particularly known for its ...
found that several non-sponsors, including
Centrica Centrica plc is a British multinational energy and services company with its headquarters in Windsor, Berkshire. Its principal activity is the supply of electricity and gas to consumers in the United Kingdom and Ireland. It is the largest su ...
,
Ericsson (lit. "Telephone Stock Company of LM Ericsson"), commonly known as Ericsson, is a Swedish multinational networking and telecommunications company headquartered in Stockholm. The company sells infrastructure, software, and services in informat ...
,
Philips Koninklijke Philips N.V. (), commonly shortened to Philips, is a Dutch multinational conglomerate corporation that was founded in Eindhoven in 1891. Since 1997, it has been mostly headquartered in Amsterdam, though the Benelux headquarters i ...
, and Subway, were among the brands with the highest perceived relationship between themselves and the Games. In January 2014, prior to the
2014 Winter Olympics , ''Zharkie. Zimnie. Tvoi'') , nations = 88 , events = 98 in 7 sports (15 disciplines) , athletes = 2,873 , opening = 7 February 2014 , closing = 23 February 2014 , opened_by = President Vladimir Putin , cauldron = , stadium = Fisht Olympic ...
, clothing company
The North Face The North Face is an American outdoor recreation products company. The North Face produces outdoor clothing, footwear, and related equipment. Founded in 1968 to supply climbers, the company's logo draws inspiration from Half Dome, in Yosemite ...
was sued by the
Canadian Olympic Committee The Canadian Olympic Committee (COC; french: Comité olympique canadien) is a private, non-profit organization that represents Canada at the International Olympic Committee (IOC). It is also a member of the Pan American Sports Organization ...
(COC) for marketing a line of "villagewear" apparel that it felt implied an unauthorized association with the Games. The apparel had designs featuring the colors and symbols of countries (such as red and white with a
maple leaf The maple leaf is the characteristic leaf of the maple tree. It is the most widely recognized national symbol of Canada. History of use in Canada By the early 1700s, the maple leaf had been adopted as an emblem by the French Canadians along the ...
for Canada) and patches reading " RU 14," were described in a catalog as " apturingthe international spirit of the Olympic Games," and several items in the catalog contained references to
Sochi Sochi ( rus, Со́чи, p=ˈsotɕɪ, a=Ru-Сочи.ogg) is the largest resort city in Russia. The city is situated on the Sochi River, along the Black Sea in Southern Russia, with a population of 466,078 residents, up to 600,000 residents in ...
in their names. The COC also felt that the name "villagewear" implied a reference to
Olympic Village An Olympic Village is an accommodation center built for the Olympic Games, usually within an Olympic Park or elsewhere in a host city. Olympic Villages are built to house all participating athletes, as well as officials and athletic trainers. Afte ...
s, accused a retailer of the line of using the
Olympic rings The International Olympic Committee (IOC) uses icons, flags and symbols to elevate the Olympic Games. These symbols include those commonly used during Olympic competition—such as the flame, fanfare and theme—as well as those used throughout ...
on a store sign, and accused the company of running a contest that purported to offer tickets to the Games as prizes (in violation of terms and conditions restricting redistribution of tickets without permission). The North Face disputed the COC's claims, arguing that it did not imply it was an official supporter of the COC, did not use any of the official branding elements of the Games, that the COC had no right to restrict usage of national symbols that are in the
public domain The public domain (PD) consists of all the creative work A creative work is a manifestation of creative effort including fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (literature), filmmaking, ...
, and that the COC did not hold rights to the "alleged Olympic trademarks" at all since they were owned by the IOC. The suit went to trial in December 2014, and was settled in October 2016, after The North Face parent company
VF Corporation VF Corporation (formerly Vanity Fair Mills until 1969) is an American global apparel and footwear company founded in 1899 and headquartered in Denver, Colorado. The company's 13 brands are organized into three categories: Outdoor, Active and Wor ...
agreed to make a donation to the Canadian Olympic Foundation. Prior to the
2016 Summer Olympics The 2016 Summer Olympics ( pt, Jogos Olímpicos de Verão de 2016), officially the Games of the XXXI Olympiad ( pt, Jogos da XXXI Olimpíada) and also known as Rio 2016, was an international multi-sport event held from 5 to 21 August 20 ...
, Rule 40 was loosened by the IOC to allow some campaigns by non-sponsors involving athletes to occur during the Games, as long as the campaign had begun within a certain timeframe prior to the Games, and do not imply an association with the Olympics; this includes advertising material containing "Olympic-related terms" such as the current year, the host city's name, "Games," "Olympians," "Sponsors," "Medal," "Gold," "Silver," "Bronze," "Challenge," "Effort," "Performance," and "Victory", any references to Olympic results, all pictures taken at the Olympics, and even retweeting official Olympic accounts. It also requires the submission of waivers to the IOC and the country's
National Olympic Committee A National Olympic Committee (NOC) is a national constituent of the worldwide Olympic movement. Subject to the controls of the International Olympic Committee, NOCs are responsible for organizing their people's participation in the Olympic Games ...
that describe the extent of the marketing involving athletes. The ruling was criticized for muting the discussion of the Olympics on the part of those sponsors that fund individual athletes. The IOC defended it as a necessary tool against ambush marketing that had plagued the committee in the past. In July 2016, the
Australian Olympic Committee Australian(s) may refer to: Australia * Australia, a country * Australians, citizens of the Commonwealth of Australia ** European Australians ** Anglo-Celtic Australians, Australians descended principally from British colonists ** Aboriginal Aus ...
sued mobile provider
Telstra Telstra Group Limited is an Australian telecommunications company that builds and operates telecommunications networks and markets voice, mobile, internet access, pay television and other products and services. It is a member of the S&P/ASX 20 ...
over adverts promoting its partnership with the
Seven Network The Seven Network (commonly known as Channel Seven or simply Seven) is a major Australian commercial free-to-air Television broadcasting in Australia, television network. It is owned by Seven West Media, Seven West Media Limited, and is one of ...
to offer subscribers free premium access to its digital
coverage Coverage may refer to: Filmmaking * Coverage (lens), the size of the image a lens can produce * Camera coverage, the amount of footage shot and different camera setups used in filming a scene * Script coverage, a short summary of a script, wri ...
of the 2016 Summer Olympics, as the broadcaster's "official technology partner". The ad was set to a version of Peter Allen's song "
I Go to Rio "I Go to Rio" is a song written by Peter Allen and Adrienne Anderson, and performed by Allen. It became a signature song of Allen, as well as being covered by Peggy Lee and Pablo Cruise, among others, in addition to being subject to multiple sou ...
"—a phrase which was also used as the tagline of the campaign. The AOC argued that the promotion was deceiving and could imply that Telstra was an official sponsor of the Australian Olympic team (Telstra was previously an official sponsor, but ended its relationship in 2015). Telstra defended the ads, stating that they were intended to promote its relationship with the official broadcaster, and that it would amend the ads to disclaim that the company is not an official sponsor of the AOC or any related entities. On 29 July 2016, a federal court ruled in favor of Telstra, stating that there was "no doubt" the campaign was relating to the Games without using its trademarks, but that it was "not enough for the AOC to prove that the advertisements were Olympic-themed." The IOC's restrictive ambush marketing rules were one factor in the
National Hockey League The National Hockey League (NHL; french: Ligue nationale de hockey—LNH, ) is a professional ice hockey league in North America comprising 32 teams—25 in the United States and 7 in Canada. It is considered to be the top ranked professional ...
's decision to ban its players from the
2018 Olympics , nations = 93 , athletes = 2,922 (1,680 men and 1,242 women) , events = 102 in 7 sports (15 disciplines) , opening = , closing = , opened_by = President Moon Jae-in , cauldron = Kim Yun-a , stadium = Pyeongchang Olympic Stadium , winte ...
; for the previous five Olympics, the NHL scheduled an extended break in the regular season to allow players to participate, and placed its
All-Star Game An all-star game is an exhibition game that purports to showcase the best players (the "stars") of a sports league. The exhibition is between two teams organized solely for the event, usually representing the league's teams based on region or div ...
on hiatus. The NHL noted that the rules disallowed teams from promoting their players' participation in the tournament.


NFL

The
National Football League The National Football League (NFL) is a professional American football league that consists of 32 teams, divided equally between the American Football Conference (AFC) and the National Football Conference (NFC). The NFL is one of the ...
has historically been protective over unauthorized uses of its intellectual property, such as the game telecasts themselves, and most notably, its trademark for the
Super Bowl The Super Bowl is the annual final playoff game of the National Football League (NFL) to determine the league champion. It has served as the final game of every NFL season since 1966, replacing the NFL Championship Game. Since 2022, the game ...
—the league's championship game. To protect these properties and its official sponsors, the league has historically sent reminders and
cease and desist A cease and desist letter is a document sent to an individual or business to stop alleged illegal activity. The phrase "cease and desist" is a legal doublet, made up of two near-synonyms. The letter may warn that, if the recipient does not dis ...
notices to advertisers and businesses—including establishments that may be showing the game—that use references to "Super Bowl," "Super Sunday," or team names in promotional activities related to the Super Bowl. Although using part of a trademark for descriptive purposes, without implying official association, can be considered a nominative use under
United States trademark law A trademark is a word, phrase, or logo that identifies the source of goods or services. Trademark law protects a business' commercial identity or brand by discouraging other businesses from adopting a name or logo that is "confusingly similar" to ...
, non-sponsors typically use euphemisms such as "the Big Game" to refer to the Super Bowl in advertising to protect themselves from liability. In 2006, the NFL submitted an application to register "The Big Game" as a trademark as well, but withdrew following opposition by students of
Stanford University Stanford University, officially Leland Stanford Junior University, is a private research university in Stanford, California. The campus occupies , among the largest in the United States, and enrolls over 17,000 students. Stanford is consider ...
and
UC Berkeley The University of California, Berkeley (UC Berkeley, Berkeley, Cal, or California) is a public university, public land-grant university, land-grant research university in Berkeley, California. Established in 1868 as the University of Californi ...
, who play in a long-running
college football College football (french: Football universitaire) refers to gridiron football played by teams of student athletes. It was through college football play that American football rules first gained popularity in the United States. Unlike most ...
rivalry game Pairs of schools, colleges and universities, especially when they are close to each other either geographically or in their areas of specialization, often establish a college rivalry with each other over the years. This rivalry can extend to both ...
also known as " the Big Game"—an event which pre-dates the Super Bowl by several decades. The NFL has also partaken in clean zone policies around Super Bowl sites to protect against saturation ambush marketing. The
XFL XFL may refer to: Sports * XFL (2001), a defunct American football league that played its only season in 2001 * XFL (2020), a professional American football league Vehicles * Bell XFL Airabonita, a 1940 U.S. Navy experimental interceptor aircra ...
, a forthcoming rival league, floated a large
blimp A blimp, or non-rigid airship, is an airship (dirigible) without an internal structural framework or a keel. Unlike semi-rigid and rigid airships (e.g. Zeppelins), blimps rely on the pressure of the lifting gas (usually helium, rather than hydr ...
designed to resemble the XFL's signature red and black Spalding football over the
Oakland Coliseum Oakland Coliseum, currently branded as RingCentral Coliseum, is a stadium in Oakland, California. It is part of the Oakland–Alameda County Coliseum Complex, with the adjacent Oakland Arena, near Interstate 880. The Coliseum is the home b ...
during an
Oakland Raiders The Oakland Raiders were a professional American football team that played in Oakland from its founding in 1960 to 1981 and again from 1995 to 2019 before relocating to the Las Vegas metropolitan area where they now play as the Las Vegas Raide ...
playoff game on January 6, 2001. The league intended to do so again on January 14 for the AFC championship game, but on the 9th, the blimp was let loose unmanned after a failed attempt to land it at
Oakland International Airport Oakland International Airport is an international airport in Oakland, California, United States, 10 miles (16 km) south of downtown located in the San Francisco Bay Area. It is owned by the Port of Oakland and has domestic passenger f ...
, and it crashed over a waterfront restaurant on the
Oakland Estuary The Oakland Estuary is the strait in the San Francisco Bay Area, California, separating the cities of Oakland and Alameda and the Alameda Island from the East Bay mainland. On its western end, it connects to San Francisco Bay San Francis ...
after getting caught on a sailboat mast. The blimp sustained US$2.5 million worth of damage, and the incident was later considered to be an omen for the XFL's eventual failure. In 2009 and 2010, Avid Life Media produced advertisements for its extramarital and
homosexual Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to peop ...
online dating service Online dating, also known as Internet dating, Virtual dating, or Mobile app dating, is a relatively recent method used by people with a goal of searching for and interacting with potential romantic or sexual partners, via the internet. An onlin ...
s
Ashley Madison Ashley Madison, or The Ashley Madison Agency, is a Canadian online dating service and social networking service marketed to people who are Marriage, married or in relationships. The site has been widely condemned for being a "business built on t ...
and
ManCrunch ManCrunch is an online dating website specifically aimed at male homosexual relationships, owned by the Toronto-based Avid Life Media, the same company responsible for the Ashley Madison adultery service and other similarly unconventional dating sit ...
, that it aimed to have aired during the Super Bowl. The Ashley Madison ad featured the tagline "Who Are You Doing After the Game?," while the ManCrunch ad culminated with two male football fans kissing and
dry humping Non-penetrative sex or outercourse is sexual activity that usually does not include sexual penetration. It generally excludes the penetrative aspects of vaginal, anal, or oral sexual activity, but includes various forms of sexual and non-sexu ...
each other. Both ads were rejected by the game's respective broadcasters; the Ashley Madison ad for objectionable content, and the ManCrunch ad for its unauthorized use of NFL trademarks. An Avid Life Media spokesperson, as well as the media, initially reported that the ManCrunch ad had actually been rejected because of its homosexual themes. Critics felt that the company was engaging in ambush marketing by intentionally submitting ads that would be rejected by broadcasters, and thus earn free publicity from the resulting "controversy" without having to pay for the ad time itself. The company denied this was the case, and stated that it had serious intentions to purchase the ad time if the commercials were approved. In October 2014, the NFL fined player
Colin Kaepernick Colin Rand Kaepernick ( ; born November 3, 1987) is an American civil rights activist and football quarterback who is a free agent. He played six seasons for the San Francisco 49ers in the National Football League (NFL). In 2016, he knelt du ...
for wearing pink-colored Beats
headphone Headphones are a pair of small loudspeaker drivers worn on or around the head over a user's ears. They are electroacoustic transducers, which convert an electrical signal to a corresponding sound. Headphones let a single user listen to an au ...
s (in observance of
National Breast Cancer Awareness Month Breast Cancer Awareness Month (BCAM), also referred to in the United States as National Breast Cancer Awareness Month (NBCAM), is an annual international health campaign organized by major breast cancer charities every October to increase awaren ...
) during a post-game press conference, violating rules that prohibit players from displaying the logos of non-sponsors during games, practices, and pre/post-game media appearances. His actions infringed the exclusive sponsorship rights of
Bose Corporation Bose Corporation () is an American manufacturing company that predominantly sells audio equipment. The company was established by Amar Bose in 1964 and is based in Framingham, Massachusetts. It is best known for its home audio systems and speak ...
, who had become an official sponsor of the NFL as of the 2014 season. In response to the fine, Kaepernick
covered Cover or covers may refer to: Packaging * Another name for a lid * Cover (philately), generic term for envelope or package * Album cover, the front of the packaging * Book cover or magazine cover ** Book design ** Back cover copy, part of co ...
the Beats logo on the headphones with
athletic tape Athletic taping is the process of applying tape directly to the skin or over pre-wrap in order to maintain a stable position of bones and muscles during athletic activity. It is a procedure that uses athletic tape (pressure-sensitive tape similar ...
during a subsequent press conference. Prior to
Super Bowl XLIX Super Bowl XLIX was an American football game played to determine the champions of the National Football League (NFL) for the 2014 season. The American Football Conference (AFC) champion New England Patriots defeated the National Football Conf ...
in Glendale, Arizona, the NFL filed an opposition to a trademark application for "Superb Owl", filed by the organizers of a local running event known as The Night Run. They had planned to hold a "Superb Owl Shuffle 5K" event on the morning of the game, in reference to the "Superb Owl" awards given out during The Night Run. The NFL felt that the trademark was likely to cause confusion with its Super Bowl trademarks, also noting that the event's website, superbowlshuffle.org, was confusingly similar to " Super Bowl Shuffle". The euphemism "Superb Owl" had also appeared as the result of user typos on search queries for the game, on the television series ''
The Colbert Report ''The Colbert Report'' ( ) is an American late-night talk and news satire television program hosted by Stephen Colbert that aired four days a week on Comedy Central from October 17, 2005, to December 18, 2014, for 1,447 episodes. The show focuse ...
'' as a satire of the NFL's trademark rules, and during the vandalism of commemorative statues that were put up in
San Francisco San Francisco (; Spanish language, Spanish for "Francis of Assisi, Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the List of Ca ...
during the lead-up to
Super Bowl 50 Super Bowl 50 was an American football game to determine the champion of the National Football League (NFL) for the 2015 season. The American Football Conference (AFC) champion Denver Broncos defeated the National Football Conference (NFC) cha ...
. Individual teams may have their own ambush marketing restrictions. A clause in the lease agreement on the
Buffalo Bills The Buffalo Bills are a professional American football team based in the Buffalo metropolitan area. The Bills compete in the National Football League (NFL) as a member club of the league's American Football Conference (AFC) East division. ...
' Orchard Park stadium, which is owned by
Erie County, New York Erie County is a county along the shore of Lake Erie in western New York State. As of the 2020 census, the population was 954,236. The county seat is Buffalo, which makes up about 28% of the county's population. Both the county and Lake Erie w ...
, gives the
Governor of New York The governor of New York is the head of government of the U.S. state of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military forces. The governor has ...
(
Andrew Cuomo Andrew Mark Cuomo ( ; ; born December 6, 1957) is an American lawyer and politician who served as the 56th governor of New York from 2011 to 2021. A member of the Democratic Party, he was elected to the same position that his father, Mario Cuo ...
throughout the entire term of the agreement)
veto A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto ...
power over any naming rights agreement in addition to the county's right to approve or reject any renaming, so that no company with an embarrassing name would buy the rights. A
bidet A bidet ( or ) is a bowl or receptacle designed to be sat on in order to wash one's genitalia, perineum, inner buttocks, and anus. The modern variety has a plumbed-in water supply and a drainage opening, and is thus a plumbing fixture subjec ...
company attempted an ambush marketing stunt on the stadium in 2020 after
New Era Cap Company The New Era Cap Company is an American headwear company headquartered in Buffalo, New York. It was founded in 1920. New Era has over 500 different licenses in its portfolio. Since 1993 they have been the exclusive baseball cap supplier for Major ...
announced its intent to withdraw from the agreement it had held since 2016; the Erie County executive rejected the proposal out of hand.


Minneapolis sports venues

In September 2010, the
Minnesota Timberwolves The Minnesota Timberwolves are an American professional basketball team based in Minneapolis. The Timberwolves compete in the National Basketball Association (NBA) as a member of the league's Western Conference Northwest Division. Founded in 19 ...
basketball team announced that they would install a large billboard sign for
Sanford Health Sanford Health is a non-profit, integrated health care delivery system, with its headquarters in Sioux Falls, South Dakota, with additional offices in Fargo and Bismarck, North Dakota, and Bemidji, Minnesota. History Sanford Health has its ...
on the exterior of
Target Center Target Center is a multi-purpose arena located in Minneapolis that opened in 1990. It hosts major family shows, concerts, sporting events, graduations and private events. Target Corporation, founded and headquartered in Minneapolis since 1902, ...
. The sign was placed so that it would be visible from within
Target Field Target Field is a baseball stadium in the North Loop, Minneapolis, historic warehouse district of downtown Minneapolis. Since its opening in 2010, the stadium has been the home ballpark of Major League Baseball's Minnesota Twins. The stadium hos ...
, home stadium of the
Minnesota Twins The Minnesota Twins are an American professional baseball team based in Minneapolis. The Twins compete in Major League Baseball (MLB) as a member club of the American League (AL) Central Division. The team is named after the Twin Cities area w ...
baseball team. The Twins have a competing healthcare sponsorship with the
Mayo Clinic The Mayo Clinic () is a nonprofit American academic medical center focused on integrated health care, education, and research. It employs over 4,500 physicians and scientists, along with another 58,400 administrative and allied health staff, ...
. Although it is a city-owned venue, the Timberwolves had the right to sell advertising on the exterior of the arena. Twins president Dave St. Peter stated that the size of the sign was "shocking", while the timing of the change was criticized for occurring right before the start of the 2010 Major League Baseball postseason, which would bring national exposure to the venue and the sign. In October 2011, per an extension of
Target Corporation Target Corporation (doing business as Target and stylized in all lowercase since 2018) is an American big box department store chain headquartered in Minneapolis, Minnesota. It is the seventh largest retailer in the United States, and a compon ...
's naming rights for the arena, the company was given control over its exterior. The Sanford Health sign was replaced by a new display featuring Target's dog mascot Bullseye, which animates after Twins
home run In baseball, a home run (abbreviated HR) is scored when the ball is hit in such a way that the batter is able to circle the bases and reach home plate safely in one play without any errors being committed by the defensive team. A home run i ...
s. The
Minnesota Vikings The Minnesota Vikings are a professional American football team based in Minneapolis. They compete in the National Football League (NFL) as a member club of the National Football Conference (NFC) North division. Founded in 1960 as an expansion ...
'
U.S. Bank Stadium U.S. Bank Stadium is an enclosed stadium located in downtown Minneapolis, Minnesota. Built on the former site of the Hubert H. Humphrey Metrodome, the indoor stadium opened in 2016 and is the home of the Minnesota Vikings of the National Footbal ...
faced a similar controversy. As the Minneapolis offices of
Wells Fargo Wells Fargo & Company is an American multinational financial services company with corporate headquarters in San Francisco, California; operational headquarters in Manhattan; and managerial offices throughout the United States and intern ...
, a rival to the new stadium's naming rights sponsor U.S. Bank, are located within the vicinity of the stadium, Wells Fargo agreed to only install "non-mounted," non-illuminated signage on its building, such as letters painted directly onto the roof. After the original agreement was reached, Wells Fargo had asked the team to allow the installation of "raised, illuminated lettering. mounted on beams more than a foot above the roof rather than painted on the roof as agreed upon". Such signage would be visible in overhead views of U.S. Bank Stadium (such as camera shots during event telecasts). Wells Fargo threatened to light the entire rooftops of its offices if the Vikings chose to deny the requested change. In December 2015, the Vikings sued Wells Fargo for violating the agreement, after they began to construct an illuminated sign on their rooftop. On June 23, 2016, Judge Donovan W. Frank ruled in favor of the Vikings, and ordered Wells Fargo to remove the raised, illuminated signage.


Ambushes of Apple

In October 2011,
Samsung The Samsung Group (or simply Samsung) ( ko, 삼성 ) is a South Korean multinational manufacturing conglomerate headquartered in Samsung Town, Seoul, South Korea. It comprises numerous affiliated businesses, most of them united under the ...
ambushed the Australian launch of
Apple An apple is an edible fruit produced by an apple tree (''Malus domestica''). Apple fruit tree, trees are agriculture, cultivated worldwide and are the most widely grown species in the genus ''Malus''. The tree originated in Central Asia, wh ...
's
iPhone 4S The iPhone 4S (originally styled as iPhone 4 S, retroactively stylized with a lowercase 's' as iPhone 4s as of September 2013) is a smartphone that was designed and marketed by Apple Inc. It is the List of iOS devices, fifth generation o ...
smartphone A smartphone is a portable computer device that combines mobile telephone and computing functions into one unit. They are distinguished from feature phones by their stronger hardware capabilities and extensive mobile operating systems, whic ...
by setting up a
pop-up store Pop-up retail, also known as pop-up store (pop-up shop in the UK, Australia and Ireland) or flash retailing, is a trend of opening short-term sales spaces that last for days to weeks before closing down, often to catch onto a fad or scheduled e ...
near Sydney's
Apple Store The Apple Store is a chain of Retail, retail stores owned and operated by Apple Inc. The stores sell various Apple products, including Macintosh, Mac personal computers, iPhone smartphones, iPad tablet computers, Apple Watch smartwatches, Apple ...
. At the store, the company sold its competing
Galaxy S II The Samsung Galaxy S II (or Galaxy S2) is a touchscreen-enabled, Slate phone, slate-format Android (operating system), Android smartphone designed, developed, and marketed by Samsung Electronics, as the second smartphone of the Samsung Galaxy S ...
to the first 10 people in line daily at a discount price of $2
AUD The Australian dollar (sign: $; code: AUD) is the currency of Australia, including its external territories: Christmas Island, Cocos (Keeling) Islands, and Norfolk Island. It is officially used as currency by three independent Pacific Island s ...
. Samsung similarly piggybacked the launch of its successor, the
iPhone 5 The iPhone 5 is a smartphone that was designed and marketed by Apple Inc. It is the 6th generation iPhone, succeeding both the iPhone 4 and iPhone 4S, and preceding both the iPhone 5S and 5C. It was formally unveiled as part of a press e ...
, to promote the Galaxy S III and
Galaxy Note II The Samsung Galaxy Note II (or Galaxy Note 2) is an Android phablet smartphone. Unveiled on August 29, 2012 and released in October 2012, the Galaxy Note II is a successor to the original Galaxy Note, incorporating improved stylus functionality ...
; the company purchased keyword advertisements for the devices on major search engines, as well as
Twitter Twitter is an online social media and social networking service owned and operated by American company Twitter, Inc., on which users post and interact with 280-character-long messages known as "tweets". Registered users can post, like, and ...
and
YouTube YouTube is a global online video platform, online video sharing and social media, social media platform headquartered in San Bruno, California. It was launched on February 14, 2005, by Steve Chen, Chad Hurley, and Jawed Karim. It is owned by ...
, thus causing ads for them to appear on searches relating to iPhone 5. The
Quebec Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirtee ...
-based home improvement chain Rona ambushed a billboard sign advertising another Apple product, the
iPod Nano The iPod Nano (stylised and marketed as iPod nano) is a discontinued portable media player designed and formerly marketed by Apple Inc. The first generation model was introduced on September 7, 2005, as a replacement for the iPod Mini, usin ...
, by placing a banner for its
paint recycling Paint is a recyclable item. Latex paint is collected at collection facilities in many countries and shipped to paint-recycling facilities. How paint is recycled There are many ways that paint can be recycled. Most often, the highest quality ...
services that showed the paint from the devices in the Apple billboard above it falling into cans.


Cricket World Cup

Although the
International Cricket Council The International Cricket Council (ICC) is the world governing body of cricket. Headquartered in Dubai, United Arab Emirates, its members are List of International Cricket Council members, 108 national associations, with 12 List of Internation ...
does enforce trademark and ambush marketing rules surrounding events such as the
Cricket World Cup The Cricket World Cup (officially known as ICC Men's Cricket World Cup) is the international championship of One Day International (ODI) cricket. The event is organised by the sport's governing body, the International Cricket Council (ICC), e ...
, ''
Quartz Quartz is a hard, crystalline mineral composed of silica (silicon dioxide). The atoms are linked in a continuous framework of SiO4 silicon-oxygen tetrahedra, with each oxygen being shared between two tetrahedra, giving an overall chemical form ...
'' observed that the policies themselves were not as strict as those associated with other major sports bodies. The ICC does not ban the use of cricket-related imagery or the phrase "World Cup" to create associations with the event, although it still restricts the use of official ICC logos and trademarks. During the
1996 Cricket World Cup The 1996 Cricket World Cup, also called the Wills World Cup 1996 after the Wills Navy Cut brand produced by tournament sponsor ITC, was the sixth Cricket World Cup organised by the International Cricket Council (ICC). It was the second World Cu ...
,
Pepsi Pepsi is a carbonated soft drink manufactured by PepsiCo. Originally created and developed in 1893 by Caleb Bradham and introduced as Brad's Drink, it was renamed as Pepsi-Cola in 1898, and then shortened to Pepsi in 1961. History Pepsi was ...
aired a promotional campaign in India with the slogan "Nothing official about it", alluding to its long-time
rival A rivalry is the state of two people or groups engaging in a lasting competitive relationship. Rivalry is the "against each other" spirit between two competing sides. The relationship itself may also be called "a rivalry", and each participant o ...
Coca-Cola Coca-Cola, or Coke, is a carbonated soft drink manufactured by the Coca-Cola Company. Originally marketed as a temperance drink and intended as a patent medicine, it was invented in the late 19th century by John Stith Pemberton in Atlanta ...
being the official beverage sponsor. A writer for India's '' Economic Times'' considered the ads "perhaps one of the greatest examples of ambush marketing". Prior to the
2019 Cricket World Cup The 2019 ICC Cricket World Cup was the 12th Cricket World Cup, a quadrennial One Day International (ODI) cricket tournament contested by men's national teams and organised by the International Cricket Council (ICC). It was hosted between 30 May ...
, a hashtag campaign emerged on Twitter, "#GermanyCheersForIndia", which purported to feature German athletes and celebrities pledging support for the
India national cricket team The India men's national cricket team, also known as Team India or the Men in Blue, represents India in men's international cricket. It is governed by the Board of Control for Cricket in India (BCCI), and is a List of International Cricket Cou ...
by wearing blue jerseys. However, it was later revealed that these posts were actually orchestrated by Volkswagen India—a competitor to the ICC's automotive sponsor
Nissan , trade name, trading as Nissan Motor Corporation and often shortened to Nissan, is a Japanese multinational corporation, multinational Automotive industry, automobile manufacturer headquartered in Nishi-ku, Yokohama, Japan. The company sells ...
—to promote "Cup Edition" models for several of its vehicles. Prior to the tournament's semi-final, Pepsi (who, as before, is not an ICC sponsor) signed Charulata Patel—an 87-year-old Londoner of Indian descent who had achieved viral notoriety earlier in the tournament for her presence at the India-Bangladesh match—to appear in an extension of its ''Har Ghoont Mein Swag'' (''Swag in Every Sip'') campaign. She was featured in marketing (including television and digital platforms, also including the service
TikTok TikTok, known in China as Douyin (), is a short-form video hosting service owned by the Chinese company ByteDance. It hosts user-submitted videos, which can range in duration from 15 seconds to 10 minutes. TikTok is an international version ...
) promoting her as Pepsi's new "swag star", and its "fan anthem".


Premier Soccer League

In September 2018, the South African
Premier Soccer League Premier is a title for the head of government in central governments, state governments and local governments of some countries. A second in command to a premier is designated as a deputy premier. A premier will normally be a head of governm ...
issued a complaint against the South African Football Association (SAFA) over a sponsorship it had reached with
OUTsurance Holdings OUTsurance Holdings Limited, commonly referred to as OUTsurance, is a subsidiary of OUTsurance Group Limited (OUTsure, a JSE listed entity), a South African based financial services investment holding company. OUTsurance Holdings Limited was fo ...
, under which it serves as a kit sponsor for all referees overseen by the association. The advertising deal is with SAFA itself, and was deemed conflicting with the PSL's sponsorships with
ABSA Group Absa Group Limited (ABGL; formerly Barclays Africa Group Limited), and originally Amalgamated Banks of South Africa, is a South African-based financial services group, offering personal and business banking, credit cards, corporate and inves ...
and
Nedbank Nedbank Group is a financial services group in South Africa offering wholesale and retail banking services as well as insurance, asset management, and wealth management. Nedbank Limited is a wholly owned subsidiary of Nedbank Group. Nedbank' ...
. SAFA defended the practice, stating that under
FIFA FIFA (; stands for ''Fédération Internationale de Football Association'' ( French), meaning International Association Football Federation ) is the international governing body of association football, beach football and futsal. It was found ...
statutes as the governing body of football in South Africa, it had the right to appoint the officials used for any match, and that the sponsorship deal would "serve the best interests of our referees in our country so that the game of football is not only protected and developed but that it also grows from strength to strength." The PSL withdrew a planned court action against SAFA the following month after a meeting with the governing body. A point of contention was a PSL referee's refusal to wear the sponsored kit during a Bloemfontein Celtic match, as he felt their green and purple colour scheme was too similar to the club's kit.


2022 NCAA Division I Men's Basketball tournament

Peacock Peafowl is a common name for three bird species in the genera ''Pavo (genus), Pavo'' and ''Afropavo'' within the tribe Pavonini of the family Phasianidae, the pheasants and their allies. Male peafowl are referred to as peacocks, and female pea ...
, the streaming service of US television network
NBC The National Broadcasting Company (NBC) is an American English-language commercial broadcast television and radio network. The flagship property of the NBC Entertainment division of NBCUniversal, a division of Comcast, its headquarters are l ...
, engaged in this after
Saint Peter's University Saint Peter's University is a private Jesuit university in Jersey City, New Jersey. It was founded as Saint Peter's College in 1872 by the Society of Jesus. The university offers over 60 undergraduate and graduate programs to more than 2,600 un ...
, nicknamed Peacocks, scored a major upset of
Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia to ...
in the
2022 NCAA Division I men's basketball tournament The 2022 NCAA Division I men's basketball tournament involved 68 teams playing in a single-elimination tournament that determined the National Collegiate Athletic Association (NCAA) Division I men's college basketball national champion for the ...
—an event televised in the US by a joint venture between two of the network's competitors,
CBS CBS Broadcasting Inc., commonly shortened to CBS, the abbreviation of its former legal name Columbia Broadcasting System, is an American commercial broadcast television and radio network serving as the flagship property of the CBS Entertainm ...
and
Turner Turner may refer to: People and fictional characters *Turner (surname), a common surname, including a list of people and fictional characters with the name * Turner (given name), a list of people with the given name *One who uses a lathe for turni ...
. When NBC learned that Saint Peter's could not afford to send its cheerleading and dance teams to the Peacocks' second-round game in
Indianapolis Indianapolis (), colloquially known as Indy, is the state capital and most populous city of the U.S. state of Indiana and the seat of Marion County. According to the U.S. Census Bureau, the consolidated population of Indianapolis and Marion ...
, it helped pay to transport the squads to that game, promoting this via Peacock's official Twitter account. After the Peacocks defeated
Murray State Murray State University (MSU) is a public university in Murray, Kentucky. In addition to the main campus in Calloway County in southwestern Kentucky, Murray State operates extended campuses offering upper level and graduate courses in Paducah, ...
in the second round, NBC and Peacock expanded their marketing efforts, arranging to provide an extra outlet for fans to purchase Saint Peter's merchandise, transporting more fans to their Sweet Sixteen game against
Purdue Purdue University is a public land-grant research university in West Lafayette, Indiana, and the flagship campus of the Purdue University system. The university was founded in 1869 after Lafayette businessman John Purdue donated land and money ...
in
Philadelphia Philadelphia, often called Philly, is the largest city in the Commonwealth of Pennsylvania, the sixth-largest city in the U.S., the second-largest city in both the Northeast megalopolis and Mid-Atlantic regions after New York City. Sinc ...
, flying a Peacock banner over the game venue, and providing free one-month Peacock subscriptions to Saint Peter's students. While a CBS spokesperson had no comment regarding its rival's support of Saint Peter's, CBS announcers did acknowledge this during a game broadcast.


Impact

Moves to control ambush marketing at events have been met with mixed reception: ambush marketing regulations enable the event organizer to prevent competitors from impeding on a company's exclusive rights to serve as an event's sponsor, thus making their sponsorship rights more lucrative. Laws enacted to control ambush advertising practices have proven to be controversial: critics have argued that ambush advertising regulations can inhibit
free expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...
and prevent businesses (such as restaurants,
sports bar Bar or BAR may refer to: Food and drink * Bar (establishment), selling alcoholic beverages * Candy bar * Chocolate bar Science and technology * Bar (river morphology), a deposit of sediment * Bar (tropical cyclone), a layer of cloud * Bar (u ...
s, and
pub A pub (short for public house) is a kind of drinking establishment which is licensed to serve alcoholic drinks for consumption on the premises. The term ''public house'' first appeared in the United Kingdom in late 17th century, and was ...
s) from even mentioning an event, and that a country's existing
trademark law A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from othe ...
s can be sufficient to protect organizers' intellectual property without granting them special powers. The
American Civil Liberties Union The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
has opposed "clean zone" policies on several occasions; prior to both
Super Bowl XLVII Super Bowl XLVII was an American football game between the American Football Conference (AFC) champion Baltimore Ravens and the National Football Conference (NFC) champion San Francisco 49ers to decide the National Football League (NFL) champion ...
and the 2014 Major League Baseball All-Star Game, the organization respectively sued both the cities of
New Orleans New Orleans ( , ,New Orleans
Merriam-Webster.
; french: La Nouvelle-Orléans , es, Nuev ...
and
Minneapolis Minneapolis () is the largest city in Minnesota, United States, and the county seat of Hennepin County. The city is abundant in water, with thirteen lakes, wetlands, the Mississippi River, creeks and waterfalls. Minneapolis has its origins ...
for enforcing clean zone laws, arguing that they were
unconstitutional Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
for banning
protected speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogn ...
. In response to the lawsuit, New Orleans did amend its clean zone ordinance to allow non-commercial protected speech within the clean zones. The NFL has also received criticism for exaggerating the extent of its intellectual property rights under the laws of the United States, aggressively enforcing its trademarks, and failing to take the doctrine of
fair use Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests ...
into account. During the lead-up to the
2012 Summer Olympics The 2012 Summer Olympics (officially the Games of the XXX Olympiad and also known as London 2012) was an international multi-sport event held from 27 July to 12 August 2012 in London, England, United Kingdom. The first event, the ...
, the London Organising Committee of the Olympic and Paralympic Games (LOCOG) showed an infamously aggressive stance towards enforcing anti-ambush advertising regulations. The organizing committee's policies and the
London Olympic Games and Paralympic Games Act 2006 The London Olympic Games and Paralympic Games Act 2006 (c 12) is an Act of the Parliament of the United Kingdom. It was passed following the decision of the International Olympic Committee to stage the 2012 Olympic Games in London. It is inte ...
were criticized by local politicians, along with the
Chartered Institute of Marketing The Chartered Institute of Marketing (CIM) was founded in 1911. It has over 30,000 members, including more than 3,000 registered Chartered Marketers. CIM offers 130 study centres in 36 countries, and exam centres in 132 countries. In 1952 Prince ...
, for being overly broad, "draconian," and unnecessary to enforce its exclusive trademark and sponsorship rights. The press described LOCOG as being a "branding police" due to these enforcement measures;
EasyJet EasyJet plc (styled as easyJet) is a British multinational low-cost airline group headquartered at London Luton Airport. It operates domestic and international scheduled services on 927 routes in more than 34 countries via its affiliate airli ...
was told by a LOCOG representative that having
Sally Gunnell Sally Jane Janet Gunnell (born 29 July 1966) is a British former track and field athlete, active between 1984 and 1997, who won the 1992 Olympic gold medal in the 400 metres hurdles. During a golden 24-month period between 1992 and 1994, Gunne ...
reprise her pose with the
Union Jack The Union Jack, or Union Flag, is the ''de facto'' national flag of the United Kingdom. Although no law has been passed making the Union Flag the official national flag of the United Kingdom, it has effectively become such through precedent. ...
from the 1992 Games for an advertisement would constitute an unauthorized association, an art event known as ''The Great Exhibition 2012'' received threats from LOCOG for merely containing "2012" in its name, and athletes were asked to report ambush advertising activities on a special website. In contrast, LOCOG allowed the restaurant chain
Little Chef Little Chef was a chain of restaurants in the United Kingdom, founded in 1958 by entrepreneur Sam Alper, who was inspired by American diners. The chain was famous for the "Olympic Breakfast" – its version of a full English – as well as it ...
to continue selling its popular "Olympic Breakfast," owing to its long-standing use of the brand since 1994. It was also argued by critics that LOCOG's policies made it unviable for smaller businesses to promote themselves using the Games, even in support of athletes, as they would need to evaluate whether their marketing materials violate the restrictions on unauthorized associations. Additionally, the architecture community strongly criticised the marketing restrictions, citing LOCOG's refusal to allow architectural firms to publicise their work on Olympic venues, including preventing the firms from entering national and international award competitions. LOCOG retained rights to all Olympic marks even after the end of the games until they were transferred to the
British Olympic Association The British Olympic Association (BOA) is the National Olympic Committee for the United Kingdom. It is responsible for organising and overseeing the participation of athletes from the Great Britain and Northern Ireland Olympic Team, at both ...
in 2013. During the 2016 U.S. Olympic track and field trials, the apparel company Oiselle received demands by the
United States Olympic Committee The United States Olympic & Paralympic Committee (USOPC) is the National Olympic Committee and the National Paralympic Committee for the United States. It was founded in 1895 as the United States Olympic Committee, and is headquartered in Col ...
(USOC) to remove social media posts congratulating its sponsored athlete Kate Grace on qualifying for the
2016 Summer Olympics The 2016 Summer Olympics ( pt, Jogos Olímpicos de Verão de 2016), officially the Games of the XXXI Olympiad ( pt, Jogos da XXXI Olimpíada) and also known as Rio 2016, was an international multi-sport event held from 5 to 21 August 20 ...
. The USOC considered them to be unauthorized "Olympic-related advertising" because the photos attached to the posts depicted USOC trademarks, including the Olympic rings and the phrase "Road to Rio". Company CEO Sally Bergesen stated that future posts would remove or obscure references to these trademarks, but argued that their depiction were incidental because the offending material appeared in the venue and on the bibs worn by all athletes at the event, making it intractable to avoid depicting them in photos taken there. She also defended the postings as being news reporting on the achievements of its sponsored athletes, and not necessarily promotion for the brand itself. The onerous restrictions on the promotion of Olympic athletes were one of the factors behind the
National Hockey League The National Hockey League (NHL; french: Ligue nationale de hockey—LNH, ) is a professional ice hockey league in North America comprising 32 teams—25 in the United States and 7 in Canada. It is considered to be the top ranked professional ...
's decision to prohibit its players from participating in the men's ice hockey tournaments at the
2018 Winter Olympics , nations = 93 , athletes = 2,922 (1,680 men and 1,242 women) , events = 102 in 7 sports (15 disciplines) , opening = , closing = , opened_by = President Moon Jae-in , cauldron = Kim Yun-a , stadium = Pyeongchang Olympic Stadium , winte ...
. In an episode aired on the eve of the Games' opening ceremony, comedian
Stephen Colbert Stephen Tyrone Colbert ( ; born May 13, 1964) is an American comedian, writer, producer, political commentator, actor, and television host. He is best known for hosting the satirical Comedy Central program ''The Colbert Report'' from 2005 to ...
discussed and satirized the aforementioned trademark claims on ''
The Late Show The Late Show may refer to: Books * ''The Late Show'' (book), a 2017 book by Michael Connelly Film * ''The Late Show'' (film), a 1977 film * ''Late Show'', a 1999 German film by director Helmut Dietl Music * ''The Late Show'' (Eddie "Loc ...
''. During the segment, Colbert presented an image of five
CBS CBS Broadcasting Inc., commonly shortened to CBS, the abbreviation of its former legal name Columbia Broadcasting System, is an American commercial broadcast television and radio network serving as the flagship property of the CBS Entertainm ...
logos arranged and coloured like the
Olympic rings The International Olympic Committee (IOC) uses icons, flags and symbols to elevate the Olympic Games. These symbols include those commonly used during Olympic competition—such as the flame, fanfare and theme—as well as those used throughout ...
, and promoted the programme's new "sponsor", Musa Tea (a beverage "brewed from the freshest mint in Morocco's Musa mountains") – whose official hashtag was "#teamusa" ("Tea Musa"). Colbert also satirized the NFL's "Super Bowl" trademarks in 2014 on his previous series, ''
The Colbert Report ''The Colbert Report'' ( ) is an American late-night talk and news satire television program hosted by Stephen Colbert that aired four days a week on Comedy Central from October 17, 2005, to December 18, 2014, for 1,447 episodes. The show focuse ...
'', where he referred to the game as the "Superb Owl", and remarked that "we all know that the winner of the Big Game goes to Animated Mouse Theme Park."


Further reading

* Pelanda, Brian
The Anti-Competitive Olympic Games
54 Orange County Lawyer, 32 (July 2012). * Skildum-Reid, Kim. ''The Ambush Marketing Toolkit'', McGraw-Hill, September 2007. . * Cornelius, Steve
"Ambush Marketing in Sport"
2011/
Global Sports Law and Taxation Reports
12 (December 2011).


See also

*
Guerrilla marketing Guerrilla marketing is an advertisement strategy in which a company uses surprise and/or unconventional interactions in order to promote a product or service. It is a type of publicity. The term was popularized by Jay Conrad Levinson's 198 ...
*
Surrogate advertising Surrogate advertising is a strategy of advertising a product that can not be advertised openly. In Surrogate Advertising, advertisers create advertisement(s) that help in building a brand and often involve popular celebrities without naming the a ...
*
False advertising False advertising is defined as the act of publishing, transmitting, or otherwise publicly circulating an advertisement containing a false claim, or statement, made intentionally (or recklessly) to promote the sale of property, goods, or servic ...


References

{{DEFAULTSORT:Ambush Marketing Trademark law Marketing techniques Sports marketing Promotion and marketing communications