AMBUSH MARKETING
law is the distribution of fan merchandise bearing the ambusher’s mark. Regarding copyright law, ambush marketing is covered only in exceptional cases, since most ambush marketing measures, generally, neither use nor adulterate official symbols.
Te possibilities of defence derived from civil (land) law are of equally limited use in effectively protecting an organiser, since property rights can be exercised only in relation to advertising actions within the event location.
While the regulations on unfair competition cover a wider range, it remains questionable whether all forms of ambush marketing—such as the mere attempt to create in some way an association between the event and its organiser on the one hand and the ambusher and its products or services on the other—fall within its scope. An example of an activity which may fall outside the provisions of the
Consequently, an ambusher may well find a number of options with which to create the appearance of being associated with a major event, without paying sponsorship fees. Te major events that will be held in Brazil call for urgent analysis of the problem of ambush marketing and specific statutory provisions to combat it. Tolerance of commercial exploitation of major events by third parties who contribute no financial or other support to the events themselves or their organisers is unacceptable. n
Philippe Bhering is a current PhD candidate at Ludwig-Maximilians-Universität and lawyer at Bhering Advogados. He can be contacted at:
philippe.bhering@
bhering.adv.br
Philippe Bhering is a graduate of the Candido Mendes University of Rio de Janeiro, Brazil (LLB) and holds a master’s degree (LLM) from the Ludwig-Maximilians- Universität in Munich, Germany. He is a member of the Brazilian Bar Association (Rio de Janeiro), also of ABPI (the Brazilian Intellectual Property Association); INTA; and Marques (the Association of European Trademark Owners).
www.worldipreview.com
World Intellectual Property Review May/June 2012
45
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