AmbUSH mArKetInG
The ambit of ambush marketing has also crossed A lot of attention is also paid to the contracts
over to online media, where a party tries to
“ tHOSe WHO Are
themselves to ensure that the players do not endorse
sneakily host or advertise its link on a site that
prO-AmbUSH mArKetInG
competing products for a specified period before
is very popular or continuously visited. Google
and during the event. Means such as keeping a check
must constantly monitor this practice, especially
ArGUe tHAt It IS An
on the advertising, strictly disallowing spectators
where a search for one term also produces other etHIcAL And InGenIOUS
from using any paraphernalia that does not belong
results directing the user to sites not affiliated to
WAY tO prOmOte
to the sponsors and creating awareness among the
the search, thus creating the misconception and
public as to the same are also followed extensively.
prOdUctS ...”
confusion of some sort of association.
Similarly, the IPL has issued a public advisory notice
describing appropriate usage guidelines for third
In India, specific legislation such as the parties in order to safeguard the BCCI-IPL’s brand,
Trademarks Act, Copyright Act, Emblems
Those who are pro-ambush marketing argue that it
proprietary trademarks, trade names and match
and Names (Prevention of Improper Use) Act,
is an ethical and ingenious way to promote products
play footage from dilution and damage, as well as
Consumer Protection Act and Competition
and to create brand awareness and competitiveness
the large investments of its sponsors, partners and
in the marketplace. Thus, specific legislation against
Act should be capable of dealing with forms
broadcasters.
ambush marketing, if adopted, would need to
of marketing that can effectively be termed
preserve the economic and fundamental freedom
However, the debate on ambush marketing, both
as ambush marketing. However, these mostly
of other players, and address fair use and not
amongst academicians and practitioners, is raging
revert back to the ambit of IP—competition
constrain competition law.
on and it remains to be seen how it shall develop
law does not restrict the right of any person to
in future.
restrain infringement of, or to impose reasonable
However, in the absence of any specific law, each
conditions, as necessary for protecting its rights
such campaign has to be dealt with according to
that have or may be conferred upon it under the the specific provisions of various statutory laws,
various acts under the preview of IP. Thus, unless as applicable. Most organisers have now fallen Rahul Chaudhry is a partner at Lall Lahiri &
the ambushing campaign does in clear terms back on safeguarding their events and sponsors,
Salhotra. He can be contacted at:
Rahul@lls.in
cause a trademark or copyright violation, it could and the multimillion dollar contracts and rights
Shalika Bhalla is an associate at Lall Lahiri &
be extremely difficult to get the same under the involved in the same, by utilising as much of the IP
Salhotra. She can be contacted at:
gpo@lls.in
legal scalpel of IP rights.
domain as possible.
36 World Intellectual property review September/October 2009
www.worldipreview.com
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84