251 > More insidious forms of ambush marketing involve, for example, handing out samples, products or free branded items at events. At the European Soccer Championship in 2000, thousands of fans were given free hats bearing the AMSTEL Beer logo as they entered the stadium. The result was free advertising for this product at the event as the camera panned over the crowd. And if you can’t get your product into the stadium, then why not try above it? Ambush marketers frequently take advantage of the airspace above an event, such as PEPSI flying a branded hot air balloon over Wembley Stadium on the day of the COCA-COLA CUP final. Sometimes, traders seek to benefit from the publicity surrounding an event by giving away tickets to the event or running other promotional competitions in connection with the event. This also constitutes ambush marketing. In the case of the 2010 FIFA WORLD CUP event, it will also constitute a breach of the ticketing terms and conditions. In short, South Africa’s anti-ambush marketing provisions are clear and have been confirmed by the High Court. It is also apparent that FIFA has taken, and will continue to take, vigorous steps to protect its sponsors’ rights. The withdrawal of advertising and packaging can cost millions of Rands but following a few simple rules will help keep you out of trouble. One final word of advice would be: don’t forget to protect your own brand! In the flurry to be ready for 2010 and while trying not to step on anyone’s toes, many businesses have neglected their own intellectual property and have, for example, not registered their trade marks. This could leave your own brand vulnerable and exposed way beyond 2010. <
Kelly Thompson is a partner at Adams & Adams, one of the firms which have been appointed by FIFA to assist with its Rights Protection Programme.
HOW TO STAY OUT OF TROUBLE > No use of FIFA’s registered trade marks or prohibited marks. > Steer clear of use of combinations of 2010 or soccer balls or other soccer images and “South Africa” or names of the host cities. > Steer clear of obvious (even if not direct) allusions to the event in advertisements or other promotional competitions. > No ticket give-aways or other promotional competitions unless with authority. > No placing of advertisements on the outskirts of stadiums. > No branded items in/around stadiums. > Advertisements containing general soccer wording or imagery only (with no other references to 2010 or the event), will generally be acceptable.