Ambush marketing: Marketing opportunity or business liability? (Blaž Bolcar - Sportelement)
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The phenomenon of ambush marketing is slowly, but progressively coming to the region. Is ambush marketing an inacceptable advertising approach or an appropriate creative solution? When and how can we profit from the activities of ambush marketing and when can it damage our business? Marketing, PR and law aspects of ambush marketing in the region.
Ambush marketing: Marketing opportunity or business liability? (Blaž Bolcar - Sportelement)
- 1. AMBUSH MARKETING: Marke4ng opportunity or business liability? Blaž BOLCAR Sportelement A+orney Candidate blaz@bolcar.si Providing sponsorship excellence Specializing Sports law TW @bolcarius
- 2. Ambush marketing Ambush markeDng: MarkeDng opportunity or business liability? 2
- 3. Ambush activities - creativity Ambush markeDng: MarkeDng opportunity or business liability? 3 Football World Cup 2010 • Sponsor of WC Adidas • Sponsor of NT/ individuals Nike • commercial Surce: AIP CorporaDon, 2010
- 4. Ambush marketing Ambush markeDng: MarkeDng opportunity or business liability? 4 DEFINITION -‐ (Unfair) markeDng pracDce – occurs when a party ((un)intenDonally) claims an associaDon with a sports event, which it does not have and for which it has not paid any money. • Purpose – to capitalize on biggest publicity magnets in sports without paying for rights • Term -‐ One-‐Dme stunts or Long term campaigns WHAT IS THE TRUE VALUE OF SPONSORSHIP? • It jeopardizes exclusivity ILLIGAL vs. LEGAL • Irrelevant whether (un)intenDonal
- 5. Ambush activities Ambush markeDng: MarkeDng opportunity or business liability? 5 DIRECT ACTIVITIES – intent to associate with an event or property; no rights purchased, no official sponsor • PREDATORY AMBUSHING – intentionally attacking a rival’s official sponsorship (nike?) • COATTAIL AMBUSHING – direct association by using a legitimate link other than becoming official sponsor • PROPERTY INFINGEMENT – the intentional unauthorized use of protected intellectual property • (web – odeje) • UNINTENTIONAL/ACCIDENTAL AMBUSH
- 6. Ambush activities Ambush markeDng: MarkeDng opportunity or business liability? 6 INDIRECT ACTIVITIES – through suggestion or indirect reference • ASSOCIATIVE AMBUSHING – use of imagery or terminology to create an illusion that sbdy has links to a sporting event/property • DISTRACTIVE AMBUSHING – setting up a promotional presence at or near an event without making specific reference to event itself • VALUES AMBUSHING – use of an event’s/property’s central value or theme to imply an association • SATURATION AMBUSHING – increase of advertising and marketing at the time of event with no reference to the event itself, no associative imagery
- 7. Legal framework Ambush markeDng: MarkeDng opportunity or business liability? 7 WHO HAS THE RIGHT TO ACT? • Solely the rights owner COURT OF LAW • Code of obligations – Damages must be established, very difficult to prove • Absence of case law • Compensation for loss of earnings without appropriate SLOVENIAN ADVERTISING CHAMBER – COURT of ADVERTISING • Recognition of bad practices without real impact on ambush activities CONTRACTUAL PROTECTION/CLAUSES SPECIAL LEGISLATION
- 8. Ambush activities Ambush markeDng: MarkeDng opportunity or business liability? 8
- 9. Naslov trenutnega poglavja na strani Ambush markeDng: MarkeDng opportunity or business liability? 9
- 10. Ambush activities - timeframe Ambush markeDng: MarkeDng opportunity or business liability? 10
- 11. Media Ambush Ambush markeDng: MarkeDng opportunity or business liability? 11 • Unintentional ambush
- 12. Ambush activities - creativity Ambush markeDng: MarkeDng opportunity or business liability? 12 London Summer Olympic Games: • two Dme gold medalist Mo Farah • sponsor of OG Adidas • sponsor of Mo Farah Nike
- 13. Fighting Ambush Ambush markeDng: MarkeDng opportunity or business liability? 13 LEGAL PROCEEDINGS (bendtner; bavaria) • Court of Law • AdverDsing chamber • Market Inspectorate MARKETING ACTIVITIES • Sponsorship acDvaDon PR ACTIVITIES • Fame and Shame • EducaDon -‐ Building awareness
- 14. Thank you! Sportelement d.o.o. sports marketing November 2012