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Ambush Marketing: More than Just a Commercial Irritant?
Open accessAbstract
Although marketers have described ‘ambush’ marketing as a parasitic activity that encroaches on legitimate sponsorship, their claims often provide no basis for legal action. This article examines instances of alleged ambushes and how these fit within a wider legal framework. Ambushing appears to encompass legitimate competitive behaviour through to passing off and misuse of trademarks. Marketers concerned about ambushing should remove loopholes from contracts to minimise the opportunities open to competitors. They would also do well to learn more about the legal status of their claims and to separate these from any feelings of irritation evoked by their competitors’ behaviour.
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References 13 · Cited by 42
Metadata
- Authors
- Gendall, P.
- Affiliations
- Massey University (NZ)
- ORCID
- Gendall, Philip
- Venue
- Entertainment and Sports Law Journal
- Publisher
- University of Westminster Press
- Published
- 2016-06-27
- Volume
- 1
- Issue
- 2
- Pages
- 72-91
- ISSN
- 1473-0987 (ISSN-L)
- 1748-944X
- OpenAlex
- W2165430739
- Cited by
- 42
- References
- 13
- Citations by year
- 2023: 1 · 2022: 1 · 2021: 1 · 2019: 2 · 2018: 4 · 2017: 1 · 2016: 2
- FWCI
- 9.70
- Type
- journal article
- Language
- en
- Open access
- diamond
- doi.org
- Locations
- Entertainment Law (publishedVersion)
- Entertainment and Sports Law Journal (publishedVersion, cc-by)
- DOAJ (DOAJ: Directory of Open Access Journals) (submittedVersion, cc-by-sa)
- Topics
- Social Sciences › Law › Intellectual Property Law
- Social Sciences › Business, Management and Accounting › Marketing › Consumer Behavior in Brand Consumption and Identification
- Social Sciences › Business, Management and Accounting › Marketing › Marketing and Advertising Strategies
- Keywords
- ambush marketing, sponsorship, passing off, trademark infringement, sponsorship contracts, legal remedies, competitive behavior, sports sponsorship
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- Gendall, P. (2016). Ambush Marketing: More than Just a Commercial Irritant? Entertainment and Sports Law Journal. https://doi.org/10.16997/eslj.171
