Is ambush marketing legal in Australia?

Despite the consequences for a company like Ansett, it should be noted that ambush marketing is not illegal, even if the tactics used can be considered underhanded. However, one solution to the potential problems of ambush marketing is to enact relevant legislation, and such provisions are now found in the OIP Act.

What is the legality of ambush marketing?

Why can ambush marketing be unlawful? Ambush marketing can infringe the event owner’s trade marks, copyright and other intellectual property rights in relation to the event. This is unlawful and can give the event owner grounds to sue the advertiser.

Is ambush marketing legal or illegal?

Ambush Marketing is still being considered under the domestic trademark or unfair competition laws in most countries. From a legal point of view, ambush marketing is a controversial and infrequently litigated issue, and there is no internationally recognized law in this area.

How do you defend against ambush marketing?

In any event, one strategy to counter the threat of ambush campaigns is to secure trademark and copyright registrations for all marks, logos and images associated with an upcoming event in all active markets.

What is meant by ambush marketing?

Ambush Marketing is a marketing technique which involves riding on the coattails of a major event or campaign without actually paying for or participating in the sponsorship or event (www.wisegeek.com).

What is ambush marketing example?

Some basic examples of ambush marketing is the selling of musical merchandise right outside the venue of a musical concert with no permission from the promoters of the event or depending on an association with the concert to promote sales. The term Ambush Marketing was coined by Jerry Welsh, an expert in marketing.

Is ambush marketing a brilliant marketing plan or an illegal action?

This strategy of gaining publicity without investing as much as official sponsors were witnessed in the Olympics and all major events. The term ‘ambush marketing meaning ‘ was coined by Jerry Welsh and is often considered an illegal or unethical form of marketing Examples although corporate majors do indulge in it.

What is an example of ambush marketing?

Ambush Marketing Can Change Consumer Perceptions Take South African airline Kulula, for example. To coincide with the 2010 World Cup, Kulula launched an ad campaign branding itself as the “Unofficial National Carrier of the You-Know-What,” a not-so-subtle reference to the forthcoming soccer tournament.

What makes a good marketing ambush?

Subtle references and sly jokes are often integral to the success of ambush marketing campaigns. As we saw in the Audi vs. BMW example above, ambush campaigns often respond directly to one another, which can turn visual humor into a vital competitive edge.

What is ambush marketing concept?

What are the types of ambush marketing?

Types of Direct Ambush Marketing:

• Predatory Ambushing.
• Coattail Ambushing.
• Property Infringement.
• Self-Ambushing.

Are there any laws to deal with ambush marketing?

Presently there aren’t any express laws or provisions in existing legal regime to cope with ambush marketing and hence most of cases of ambush marketing seek shelter under Intellectual property rights infringement and the common law of passing off.

Is it legal to infringe IPR with ambush marketing?

Ambush marketing is more than just an unethical business practice and pretty much attracts legal provisions of IPR infringements. In absence of specific legislation for ambush marketing, infringers tend to get away with unlawfully hitching upon the repute of the official sponsors, without having to bear sponsorship commitment.

Why is ambush marketing a scourge for event organizers?

For ambush marketers it is a windfall as they can lure profits without bearing the financial burden of sponsorships, but event organizers and official sponsors it’s a scourge as sponsoring companies lose their advertising fortune and it also undermines the integrity of the event and organizer’s capacity to recoup future sponsors.

Are there any exclusions in advertising and selling guide?

The media company made a number of claims on its program about the investment model and its founders which turned out to be false. Both the marketing company and the investment company were found to have breached the Trade Practices Act 1974 (now provisions of the ACL). Are there any exclusions?