COMBATTING AMBUSH MARKETING IN FRANCE

Major international sporting events generate considerable visibility, emotional engagement, and commercial value, making them a prime target for ‘ambush marketing’.

This controversial practice, which seeks to associate a brand with sporting events without official authorisation or financial contribution, undermines the value of sponsorships and endorsements and can distort fair market competition.

In France, ambush marketing is neither expressly banned nor classified as a criminal offence.

However, it is subject to a variety of legal tools grounded in civil law, intellectual property rights, consumer protection, and event-specific legislation (such as sport). The 2024 Paris Olympic and Paralympic Games offers a good example of how these legal mechanisms are mobilised in protecting the commercial value and integrity of a major international sporting event.

In the French legal system, civil liability provides a foundational mechanism for addressing ‘ambush marketing’. Article 1240 of the Civil Code provides that:

“Any act whatever of man that causes damage to another obliges the one by whose fault it occurred to make reparation” (author’s translation).

In practice, a successful claim under this general provision requires proof of three cumulative elements:

• Fault;
• Damage; and
• a causal link between the two.

In the context of ‘ambush marketing’, French Courts have acknowledged that unauthorised commercial associations with major sporting events may constitute a fault where they aim to exploit the visibility and appeal of those events without any financial contribution or contractual legitimacy.

The Paris Court of Appeal has further characterised ‘ambush marketing’ as:

“The act by which a company seeks visibility from the public during a sporting or cultural event in order to associate itself with that event, whilst avoiding any payment to the organisers or becoming an official sponsor” (author’s translation; CA Paris, 10 Feb. 2012, n° 10/23711).

In parallel, the concept of so-called ‘parasitic behaviour’ has been clearly defined by the Cour de cassation as:

“All behaviours by which an economic agent interferes in the wake of another in order to profit, without spending anything, from their efforts and know-how, their acquired reputation or the investments made” (author’s translation; Cass. com., 10 July 2018, n° 16-23.694).

These judicial definitions have provided a solid legal basis for sanctioning brands that attempt to free ride on the commercial momentum of sporting events, such as the Olympic Games, without respecting the framework of authorised sponsorships.

This line of jurisprudence was reaffirmed by the Paris Judicial Court on 19 August 2024, n° 24/55487, when the organisers of the 2024 Paris Olympic Games obtained a successful injunction against Lycamobile. The company had launched a prominent advertising campaign in connection with the Games, using imagery and language that, whilst not directly infringing protected event trademarks, created a strong and deliberate association with the Games. The Court found that this conduct was parasitic and misleading under Article 1240 of the Civil Code and in breach of the exclusive rights provided by Article L.141-5 of the French Sports Code, which conferred ownership of Olympic properties (such as names, emblems, mascots, and slogans) to the French National Olympic and Sports Committee (CNOSF ) and, exceptionally for the 2024 Paris Olympic Games, to the Organising Committee (COJO) until the end of 2024.

 

In addition to civil liability, intellectual property law plays a critical role in the fight against ‘ambush marketing’. Sports events organisers rely on extensive trademark registrations and copyright to protect their logos, mascots, slogans, and other visual identifiers. Any unauthorised use, imitation, or adaptation of these elements may give rise to infringement claims under the Code de la Propriété Intellectuelle. As previously mentioned, Article L.141-5 of the French Sports Code grants exclusive rights over Olympic properties to the CNOSF and, temporarily, to the COJO. More broadly, Article L.333-1 of the French Sports Code establishes that sports events organisers hold the exclusive right to exploit commercially the events that they stage, including the power to authorise or prevent any third-party use of the events’ image, content, or associated assets.

In practice, sports events organisers may also impose contractual obligations on media, broadcasters and partners to restrict advertising opportunities to official sponsors during event coverage or within venues. They may even pre-emptively purchase strategic advertising spaces to prevent unauthorised associations by competitors of official sponsors.

Consumer protection law adds another layer of enforcement, particularly where advertising campaigns create a misleading impression of official affiliation.

Such practices may qualify as misleading commercial practices (pratiques commerciales trompeuses) and fall within the scope of French consumer protection law. This includes marketing that creates confusion in the public mind as to the existence of official partnerships or sponsorships, when not, in fact, the case. Sports events organisers can thus claim that the ambushing brand not only damages the value of legitimate sponsorship but also deceives the public.

However, not all references to sports events are, per se, unlawful. For example, using factual event results or partnering with participating athletes (subject to regulatory compliance) may be legally permissible, provided that no false impressions of any endorsement are created.

It is, therefore, essential for sports events organisers to define ‘ambush marketing’ clearly and to communicate that definition to relevant stakeholders. Sports events organisers must also strike a careful balance between preventing unauthorised commercial associations and preserving the constitutional right to freedom of expression. Overly broad enforcement may risk infringing upon legitimate commercial speech.

Ultimately, the success of anti-ambush marketing efforts depends not only on the legal instruments available, but also on the practical ability and determination of sports events organisers and rights holders to detect, monitor, and enforce compliance.

The experience of the 2024 Paris Olympic and Paralympic Games confirms that France offers a coherent and effective legal framework for combatting ‘ambush marketing’, grounded on a balanced combination of national law and international principles. Protecting the commercial ecosystem of major sports events is not merely a contractual or reputational issue, but also a legal imperative for preserving both fair competition and public trust.

We advise on all aspects of ‘ambush marketing’ in France and further information is available by emailing the Head of our French Desk, Dr Estelle Ivanova, at ivanova@valloni.ch.