In the contemporary world many corporate entities pour in huge sums of money to sponsor popular sports and cultural events with the aim of promoting their brands and products exclusively. Increasingly, however, they find themselves outwitted by ambush marketing--ingenious and innovative ways used by rivals to associate their brands with a particular event and derive enormous gains, but without paying sponsorship fees. Event organizers, including major international committees and governments, view this phenomenon as a threat, because they rely heavily on sponsors to finance events.
This unique book explores how the highly competitive, yet self-confident, world of business promotion and advertising has been shaken by ambush marketing. Using examples from around the world, it surveys the different ambush marketing practices prevalent today. It shows the limitations of traditional legal measures such as actions for passing off, and infringement of trademarks and copyright in dealing with such activity.
The author offers insights into possible solutions to the problem and includes an extensive discussion on the significance of event-specific anti-ambush marketing legislation. Widening the scope of the discussion, he goes on to examine whether placing restrictions on ambush marketing would be valid in the context of competition law and whether any constitutional rights may end up being violated.
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Arul George Scaria is a CSIR-NIF Fellow at the National Innovation Foundation, Ahmedabad. He was formerly Advocate, High Court of Kerala.
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