COMBATTING ‘AMBUSH MARKETING’ IN GERMANY

‘Ambush Marketing’, which is often described as ‘clever marketing’, may assume many forms including:

• Using official sports events imagery, logos, or slogans without permission;
• Advertising near to sports events venues, potentially implying an official association with those events; and
• Creating marketing campaigns that leverage sports events’ popularity without actually being an official sponsor.

In Germany, ‘Ambush Marketing’ is mainly regulated by the Act Against Unfair Competition (UWG), and Intellectual Property Law, especially trademarks, logos and copyright related to the sports events.

The UWG aims to prevent companies from unfairly benefiting from the reputation of others, including official sponsors of major sports events.

In particular, exploiting or impairing the reputation of official sports events or their sponsors, or creating a misleading impression of an official association with sports events, when such association does not, in fact, exist, constitutes an unfair commercial practice under the UWG.

Companies engaging in ‘Ambush Marketing’ may be liable for damages to sports events organisers or their official sponsors, who have paid substantial sums for the privilege.

Also, in certain cases, ‘Ambush Marketing’ can result in criminal charges, particularly if infringements of intellectual property rights associated with the sports events are involved.

Apart from bringing civil proceedings for damages through the Courts, sports events organisers may also, for example, seek ‘cease and desist’ orders requiring the culprits to terminate forthwith their ‘Ambush Marketing’ activities.

Also, sports events organisers may set up so-called „clean zones“ around sports events venues, with a view to restricting advertising from non-sponsors of their sports events.

Sports events organisers in combatting ‘Ambush Marketing’ need to be as creative and resourceful as the companies themselves who are engaged in all forms of ‘Ambush Marketing’!

We advise on all aspects of combatting ‘Ambush Marketing’ in Germany, including taking legal proceedings, and further information may be obtained by emailing, Oliver Fischer, the Head of our German Desk, at fischer@valloni.ch.