The phenomenon of ambush marketing is slowly, but progressively coming to the region. Is ambush marketing an inacceptable advertising approach or an appropriate creative solution? When and how can we profit from the activities of ambush marketing and when can it damage our business? Marketing, PR and law aspects of ambush marketing in the region.

1. AMBUSH
MARKETING:
Marke4ng
opportunity
or
business
liability?
Blaž
BOLCAR
Sportelement
A+orney
Candidate
blaz@bolcar.si
Providing sponsorship excellence
Specializing
Sports
law
TW
@bolcarius

2. Ambush marketing Ambush
markeDng:
MarkeDng
opportunity
or
business
liability?
2

3. Ambush activities - creativity Ambush
markeDng:
MarkeDng
opportunity
or
business
liability?
3
Football
World
Cup
2010
• Sponsor
of
WC
Adidas
• Sponsor
of
NT/
individuals
Nike
• commercial
Surce:
AIP
CorporaDon,
2010

4. Ambush marketing Ambush
markeDng:
MarkeDng
opportunity
or
business
liability?
4
DEFINITION
-­‐
(Unfair)
markeDng
pracDce
–
occurs
when
a
party
((un)intenDonally)
claims
an
associaDon
with
a
sports
event,
which
it
does
not
have
and
for
which
it
has
not
paid
any
money.
• Purpose
–
to
capitalize
on
biggest
publicity
magnets
in
sports
without
paying
for
rights
• Term
-­‐
One-­‐Dme
stunts
or
Long
term
campaigns
WHAT
IS
THE
TRUE
VALUE
OF
SPONSORSHIP?
• It
jeopardizes
exclusivity
ILLIGAL
vs.
LEGAL
• Irrelevant
whether
(un)intenDonal

5. Ambush activities Ambush
markeDng:
MarkeDng
opportunity
or
business
liability?
5
DIRECT ACTIVITIES – intent to
associate with an event or property; no
rights purchased, no official sponsor
• PREDATORY AMBUSHING –
intentionally attacking a rival’s official
sponsorship (nike?)
• COATTAIL AMBUSHING – direct
association by using a legitimate link
other than becoming official sponsor
• PROPERTY INFINGEMENT – the
intentional unauthorized use of
protected intellectual property
• (web – odeje)
• UNINTENTIONAL/ACCIDENTAL
AMBUSH

6. Ambush activities Ambush
markeDng:
MarkeDng
opportunity
or
business
liability?
6
INDIRECT ACTIVITIES – through
suggestion or indirect reference
• ASSOCIATIVE AMBUSHING – use of
imagery or terminology to create an
illusion that sbdy has links to a sporting
event/property
• DISTRACTIVE AMBUSHING – setting up
a promotional presence at or near an
event without making specific reference to
event itself
• VALUES AMBUSHING – use of an
event’s/property’s central value or theme
to imply an association
• SATURATION AMBUSHING – increase of
advertising and marketing at the time of
event with no reference to the event itself,
no associative imagery

7. Legal framework Ambush
markeDng:
MarkeDng
opportunity
or
business
liability?
7
WHO HAS THE RIGHT TO ACT?
• Solely the rights owner
COURT OF LAW
• Code of obligations – Damages must be established, very difficult to prove
• Absence of case law
• Compensation for loss of earnings without appropriate
SLOVENIAN ADVERTISING CHAMBER – COURT of ADVERTISING
• Recognition of bad practices without real impact on ambush activities
CONTRACTUAL PROTECTION/CLAUSES
SPECIAL LEGISLATION

8. Ambush activities Ambush
markeDng:
MarkeDng
opportunity
or
business
liability?
8

9. Naslov trenutnega poglavja na strani Ambush
markeDng:
MarkeDng
opportunity
or
business
liability?
9

10. Ambush activities - timeframe Ambush
markeDng:
MarkeDng
opportunity
or
business
liability?
10

11. Media Ambush Ambush
markeDng:
MarkeDng
opportunity
or
business
liability?
11
• Unintentional ambush

12. Ambush activities - creativity Ambush
markeDng:
MarkeDng
opportunity
or
business
liability?
12
London
Summer
Olympic
Games:
• two
Dme
gold
medalist
Mo
Farah
• sponsor
of
OG
Adidas
• sponsor
of
Mo
Farah
Nike

13. Fighting Ambush Ambush
markeDng:
MarkeDng
opportunity
or
business
liability?
13
LEGAL
PROCEEDINGS
(bendtner;
bavaria)
• Court
of
Law
• AdverDsing
chamber
• Market
Inspectorate
MARKETING
ACTIVITIES
• Sponsorship
acDvaDon
PR
ACTIVITIES
• Fame
and
Shame
• EducaDon
-­‐
Building
awareness

14. Thank
you!
Sportelement d.o.o.
sports marketing
November 2012