DuetsBlog Collaborations in Creativity & the Law

To Sponsor or Ambush?

Posted in Advertising, Infringement

The World Cup has come to a close. Have you fallen into football withdrawal? Well don’t despair, I thought we could enjoy it a bit longer with a discussion of ambush marketing and some of the advertising campaigns that came out of this year’s championship.

Clearly, major sporting events are financed largely by sponsorships, which in turn, give sponsoring companies the opportunity to get some major face-time with fans. Sponsorship grants category exclusivity to one brand, allowing them to hold-off their competitors from associating with that event. 

So if you have a major advertising budget, the question becomes do you sponsor, or do you ambush?

Whenever there is a major sporting event like the World Cup ambush ads begin to appear, bringing to mind the current sporting event without actually mentioning the event itself (or showing any protectable marks or images related to that event).   Most consumers are unaware they have been ambushed and the advertiser reaps the benefit of appearing to be a sponsor. Recent trends have moved towards higher protection of these major events; however, there is currently no legal recourse for a well-articulated ambush marketing campaign.

Nike, for example, has often chosen against sponsoring large sporting events, instead blazing the trail on how to execute an effective ambush marketing campaign. Nike has gotten away with its clever ads for years, but as discussed in my earlier post that isn’t the case for everyone who tries this method.

So, is this underhanded? Maybe. Is it creative? I’d have to say, yes. 

Do you think the high price tag for sponsorships at the World Cup or Olympics justify greater legal protection? Does your answer depend on who’s sponsoring and who’s ambushing. What if it is two major companies like Coca-Cola (a FIFA Partner) and Pepsi (unaffiliated)?

Now, what about when FIFA Sponsor Budweiser is ambushed by 36 women in orange dresses promoting the Dutch beer Bavaria? Should small-budget companies be held-off from any and all advertising? What are your thoughts?

After the jump, take a look at the advertising campaigns of some of FIFA’s sponsors and come back tomorrow to see their ambushers’ advertisements. 

Coca-Cola:

Adidas:

Budweiser:

  • Luke

    That is a very interesting post and as with most things I read I am conflicted. On one hand I see an ambush as a necessary thing in order to level the playing field between large and small businesses though they are shady and unimaginative tactics. The other hand is that the sponsoring in large part allows for events like the world cup to happen and if the incentive to invest large amount of money into those events is gone then the events themselves may disappear as well though I believe that they can take steps to continue to give their investors the incentives to keep them coming back. In the end I do not fear or hate big business nor do I pity or coddle small business I feel that. The ability to compete regardless of size is more important than yearly events i will even give up my beloved super bowl if necessary. Now as the writer I am very interested in your opinions on this and where you fall on this issue.