An overview of the law on ambush marketing - HSF publishes an updated Practical Law Practice Note

Victoria Horsey and Rachel Montagnon have published an updated practice note on ambush marketing for Practical Law.

Ambush marketing involves a third party attempting to associate itself with a major event to benefit from its goodwill or prestige without paying for sponsorship. This can mislead consumers into associating events with non-sponsors rather than official sponsors.

The practice note offers a comprehensive overview of ambush marketing, including definitions and examples of "ambush by association" and "ambush by intrusion". It describes practical steps that can be taken to protect against ambush marketing, such as contractual protections, internet safeguards, advertising standards and control over event venues. The note delves into the legal framework in the UK, including trade marks, copyright, design rights and passing off. Additionally, it includes case studies from the London 2012 Olympics, the Paris 2024 Olympics and the UEFA Euros 2024, as well as commentary on unauthorised "piggy-backing" on Royal events, highlighting the effectiveness of the various preventative measures available.

Read the full practice note on Practical Law, or access it here.

For more information and advice on advertising and ambush marketing, contact Victoria Horsey or Rachel Montagnon (contact details below).