Knowing the background of ‘Ambush Marketing’s’ way of seeping into marketing arena, on the face of it, it seems the problem is simpler and a solution can be derived with simple application of existing provisions of law. However, that is not the case. There has been lots of research over the existing legal controversy, which suggest for special legislation.
The first legal issue arises over the argument that an event cannot have legal protection, whatever happens in the event cannot be stopped and anyone who observes whatever happens can observe it and no one can stop one from observing, A Free Spectacle. There are instances for which legal remedy is available, like unauthorized use of registered logo on merchandise, false claims of being official sponsor of a team, trespass to property etc.
4.1 Protection existing
There are instances where a legal remedy is not possible. Especially, by sponsoring the broadcaster of the event or when sub categories of the event sponsored, or by purchasing advertising time from an event broadcaster, corporate hospitality and ticketing, engaging in major non-sponsorship promotions. When the ‘ambush marketing’ strategies fall within the IP laws, like trademark, copyright, and passing off they can be regulated, if not regulation needs special laws.
In NHL v. Pepsi Cola, Canada, Pepsi was held liable for Ambush Marketing, as it was not the official sponsor of the event. However, Pepsi was let off as there was no product similarity between NHL and Pepsi, nor was there any IP infringement, like passing off. In the New Zealand Olympic and Commonwealth Games Ass’n, Inc. v.Telecom New Zealand, the event organizer alleged a Telecom advertisement constituted unfair trading and passing off. The event...
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...s some connection between the event and the ambusher. The consequence of all this is confusion in public. (ii) the registered trademark of the organizer had been used without his permission, for which the remedy could be injunction or payment of profits lost due to such use. (iii) unauthorized replication of the logo, design and emblem of the event.
The instances when the existing provisions of law are not applicable are to these activities; “unauthorized or unofficial merchandise, publications, websites, virtual advertising, sales promotion activities, pager services, unofficial corporate sponsorship, video photography, vide screenings, films, videos and many more”. It is for these activities that need to be regulated, as an ‘ambusher’ while ambushing sees to that he would not ‘ambush market’ in such a way, that his ambushing would be held liable under the law.
The National Football League (NFL) and NASCAR thrive on sponsors and vice versa. An NFL game is by far the most watched single game event in the country and gaining popularity exponentially worldwide. Their championship, the Super Bowl, is arguably the most watched television program in that particular year. In NASCAR, the Daytona 500 is their “Super Bowl” and is a very large event in its own right. Corporations all over the world jump on these mega advertising vehicles with the hope that their name is popularized which will result in profitability. In many cases, most of those who do buy airtime during NFL games, the Super Bowl, and during the major NASCAR races are very visible names and products that we already know about. Most of the time, these companies are trying to market new products or products that have been enhanced.
v. VIP Prods., LLC 666 F. Supp. 2d 974 (Mo., 2008) Anheuser-Busch makes a distinction between confusing and non-confusing parodies, the latter being protected as a parody. The important factors in the case were that the price point of the products was the same, they were directly competing goods and the survey showed that there was a level of confusion (30.3% were confused), in addition, consideration was placed on irreparable harm caused by the defendants use of the mark, the priority lay with the first to register the trademark, lastly the District Court considered public interest, i.e. whether the public was deceived. Similarly in Starbucks Corp v. Wolfe’s Borough Coffee Inc., 588 F3d 97 (2d Cir. 2007) the court distinguished Louis Vuitton S.A. v Haute Diggty Dog, LLC, 507 F.3d 252 (4th Cir. 2007) by holding that if (as in the Louis Vuitton case), the mark is used in non-competing goods, the defendant conveyed that it was not the source of the plaintiffs product and if the actual use of the mark does not impair the distinctiveness of the plaintiff’s mark there may be an argument in favor of the defendant, however, if the defendant’s humor is not conveyed to the public, and does not increase the public identification of the plaintiff’s mark with its mark it will fail to establish
The rules that govern Olympic Games clearly indicate that no political propaganda and their demonstrations are not allowed in the Games. However, Olympics Games have faced political wars over the years. Governments fight one another for a chance to host the games. Some governments have used their chance to host to Olympic Games to advance their political and sometimes personal agendas. Hosting the Games should benefit the citizens and athletes economically. However, not all governments are concerned with benefits to their nationals when fighting for their chance to host the games. The games have become a stage for nations to prove their might and stability to other nations at the expense of their citizens. This
Dishonest and pressure selling can be considered as problematic issues to consumers, which could cost up to £3.3 billion according to the research of Consumer Focus in UK in 2009 . The misleading and aggressive selling not only undermine the fairness of competition between businesses but primarily also damage consumer’s interests and confidence, importantly, restrain the development of EU internal market. However, the level in consumer protection among EU is fragmented as the great divergence between Member States’ legal systems. Thus, Unfair Commercial Practices Directive (UCPD) adopted in 2005 with the full harmonisation provides a uniform set of rules for Member States to tackle unfair commercial practices in order to enhance consumers’
In 2003, Vancouver was awarded host city of the XXI Olympic and Paralympic Winter Games to take place in 2010. A worldwide event of such magnitude resulted in significant economic and social effects on Canada’s tourism industry and society as a whole. This essay will explore these effects, highlighting both the positive and negative effects of Olympic tourism on Vancouver. It will begin by deconstructing Vancouver’s promotional material of the Games, to reveal specific advertising intentions. Furthermore, it will draw upon relevant sociological theorists to critically analyze the phenomenon of a tourist event of such magnitude, and the social issues it can raise. Specifically, concepts such as media promotion, performing tourism, and staged authenticity will be discussed. By using Vancouver as a specific case study, one will be able to better understand the sociological importance of tourist spaces and the societal consequences of global events like the Olympics.
The legal requirements which Bethan would need to meet for the promotional strategy would be the legal code of practise. The legal code of practise involves the advertisement being-
When running a business the owners need to consider the number of laws put in place to ensure their fairness. These laws commands and limits their manner of conducting business. A certain soft-drink company did not consider these laws when creating and shooting a commercial and their integrity was challenged in court. For this document, I will discuss the key legal factors of the scenario. I will explain the four elements of a valid contract and how they relate to the scenario. I will define the objective theory of contracts and how it relates to the scenario. I will explain my position about the judge’s ruling. I will explain whether or not an advertisement s actually considered an offer or not. I will explain how this case
ESPN for instance will help to build BVGS brand awareness, since it is known to be the “worldwide leader in sports” they will leverage the marketing benefit of the activity and even draw more attention from other part of the world. Academy sports + outdoor will have the opportunity to sponsor the occasion with brand name, shoes, cloths, and other materials and accessories brand needed for the event to be successful while ESPN will be broadcasting and advertising the show.
The word ‘disruptive’ holds a much larger meaning and is more of a strategy ‘buzz-word’ than a marketing jargon. Applying the same concept, there can be two kinds of disruption. First is, when there is no market for a product and you create your market by the sheer power of advertising. For example, something that “Vanish” did, that is, instead of competing in the existing washing detergent market, it created a new market segment and gained a substantial initial foothold. Another example is how Happydent created a market for a “chewing-gum” that keeps our teeth white.
a. A sporting event is intangible you are receiving the entertainment which cannot be physically touched or compared to another product easily, you must compare the product by comparing to it another experience you had or someone else told you about. A sporting event is inseparable, we can see this by looking at the three aspects of inseparability. First the service providers involvement clearly the service provider is present in that the players are physically playing in front of you. Second the customers are directly involved in the service experience, just take the Detroit vs. Indiana basketball game where players and fans were involved in a fist fight in Detroit. Although this may have been a bad experience for the fans it shows just how involved fans are with sporting event. Third other customers are involved with your experience, like the drunk at the game who is cheering for the other team.
Too often, a marketing function is misunderstood, because many people do not understand what is meant by ‘Marketing’.
...t for illegally profit, the consequences will be unfavorable; therefore, a decision has to be made in order to protect the rights of the original owner and the responsible party must be held responsible for any infractions.
It is often easy to find reasons not to host a major sporting event, too much debt, more important priorities. But, a major sporting event can create enthusiasm and excitement for such an event. It can help promote uptake of sport which has lasting benefits for the nation’s health. Also, a major sporting event can lead to a rise in volunteerism which promotes civic
The last topic that discusses guerrilla marketing techniques is new media marketing. This approach depends on new trends that are currently increase within the global economy. If problems occur during the process of trying to communicate with consumers such as providing bad customer service, many companies
.... (2013, July 5). Hosting major Sports Events: Hidden Costs and Policy Dilemmas. global policy. Retrieved May 25, 2014, from http://www.globalpolicyjournal.com/blog/05/07/2013/hosting-major-sports-events-hidden-costs-and-policy-dilemmas