Professional Documents
Culture Documents
C H A P T E R S I X
Ambush Marketing
Learning Objectives
• Learn what ambush marketing is.
• See why ambush marketing has become commonplace.
• Learn how to ambush.
• Learn how to protect yourself from ambushers.
• Distinguish between piracy and ambush marketing.
• Evaluate preventative measures.
One of the most important considerations in sponsorship today is that of ambush market-
ing. Ambush marketing represents efforts by nonsponsors to attach themselves to a desir-
able property or event. When done effectively, ambush marketing confuses consumers and
diminishes the value of any actual sponsor’s relationship with the property or event. As dis-
cussed earlier in the text, sponsorships are most effective when consumers recognize the
relationship between the sponsor and the sponsee. Effective ambush marketing causes
the consumer to mistakenly associate the ambusher with the event. Thus, some of the
benefits of the sponsorship are denied the actual sponsor and attained by the ambusher.
The concept of ambush marketing, techniques to implement it, examples of effective
implementation, and ways to avoid it are the focal points of this chapter.
Effective ambush marketing causes the consumer to mistakenly associate the ambusher with
the event.
Ambush Marketing
The IEG has defined ambush marketing as “a promotional strategy whereby a nonsponsor
attempts to capitalize on the popularity/prestige of a property by giving a false impression
Endnote 1 that it is a sponsor.”1 The definition goes on to state that ambush marketing is often used
by the competitors of the property’s official sponsors. Only a few years ago, the practice
was viewed with such disdain that one of its critics, John Bennett of Visa, referred to
Endnote 2 American Express Company’s ambush efforts as parasite marketing.2
A parasite attaches itself to an unwilling host and takes nourishment from it.
Simply stated, ambush marketers attempt to create the impression that they are offi-
cially associated with an event when, in fact, no such association exists. Let us reconsider
the reference to parasitic marketing. From a biological perspective, a parasite attaches
itself to an unwilling host and takes nourishment from it. A leech or a tick may attach itself
to a human being and draw nutrients from it. The leech is a parasite; the human being is
107
ful2821x_ch06.qxd 4/20/06 2:01 PM Page 108
an unwilling host. If left unchecked, the parasite will continue to sap the energy of its
unwilling host, perhaps jeopardizing the well-being of the host. So it is with ambush mar-
keting. The ambush marketer attaches itself to an unwilling property or event in such a way
that it extracts an array of benefits to which it is not rightfully entitled. The question of how
harmful ambush marketing is has been subject to some disagreement. One indisputable
fact is that an official sponsor that is effectively ambushed by a competitor suffers by
virtue of the diminished value of its own sponsorship rights and the inability to capitalize
on all of the anticipated benefits.
How to Ambush
Whether a company is an official sponsor on the alert for possible ambushing activities by
its competitors or a nonsponsor seeking to create the impression that it is officially asso-
ciated with a property, it should understand the alternative strategies that might be used.
First, it is important to note what is and what is not ambush marketing. The key con-
sideration for ambush marketing is that it represents an intentional effort to confuse the
consumer as to who is and who is not an official sponsor. According to U.K. attorneys
Patrick Elliot and Tony Singh, an activity should be characterized as ambushing only if the
marketer is “attempting to imply, or contrive, an endorsement of a specific event; and only
if that implied endorsement is damaging the revenues of the event.”3 Endnote 3
Advertising a product used in conjunction with an event is not by definition an ambush
effort. For example, if Michelin airs TV ads during a motor sports event, it is not neces-
sarily guilty of ambushing. The key question is whether or not Michelin attempted to
deceive viewers and create the impression that it was an official sponsor. From a somewhat
different perspective, consider marketing efforts such as a TV ad for a product that is not
related to the event being shown. What if Porsche airs an advertisement during the broad-
cast of a European Professional Golfers Association when the official automotive sponsor
is Volvo? The same criterion applies. Did Porsche attempt to create a false impression that
it, and not Volvo, was the official sponsor? The answer lies in the message used by Porsche.
In response to allegations of ambushing Olympic sponsor Ansett Australian Airlines by
airing its own series of patriotic ads, a Qantas Airlines spokesperson stated bluntly that to
not advertise “would be unprofessional.”4 Stated another way, it is a natural response to Endnote 4
attempt to neutralize the competitive advantage held by an adversary. Indeed, competition
is the foundation of the Olympics.
Companies are generally quick to respond to allegations of ambushing. When accused
of ambushing Ansett Australia, Qantas said it was coincidental that its advertising slogan
“The Spirit of Australia” was similar to the Olympics slogan, “Share the Spirit.” When
Pepsi was accused of ambushing Coca-Cola’s sponsorship of the National Hockey League
(NHL) in Canada, it defended its actions by noting that it had used no trademarks or logos
owned by either the NHL or any NHL teams. American Express defended its actions by
stating that it was attempting to correct the misconception created by Olympic sponsor
Visa that the American Express card could not be used in and around the geographic areas
where Olympic events were being staged. When Nike was accused of ambushing adidas’
sponsorship of the World Cup of Soccer, it said it had done nothing illegal. To some, there
needs to be a crossing of the legal threshold before one is guilty of ambushing. In other
words, since Nike did not use any of the World Cup’s (FIFA) trademarks or logos in an
effort to promote its products, there was no effort to associate itself with the event. And
such competitive advertising should not be construed to be ambush marketing.
It is evident that there is no consensus as to exactly what constitutes ambush marketing.
It is an ethical dilemma, not a legal one. It has been described as clever, devious, deceptive,
ful2821x_ch06.qxd 4/20/06 2:01 PM Page 109
parasitic, unethical, imaginative, innovative, upstaging, and cunning. For the sake of devel-
oping a consistent perspective on ambush marketing, three questions need to be answered:
• Was the activity undertaken by a nonsponsor?
• Did the nonsponsor intentionally attempt to connect itself with the event?
• Does it harm an official sponsor, the event, or both?
Why Ambush?
The driving force behind the decision to use ambushing tactics is the cost of rights fees.
With several major events crossing the $30 million barrier, marketers have begun to
reassess the viability of sponsorship. If a company can achieve similar results without pay-
ing the rights fees, it can save considerable resources and increase the return on its mar-
keting investment.
The second major point is that ambush marketing has been shown to work. There is an
abundance of postevent research that documents consumer confusion as to who is and who
is not an official sponsor. Consider the 1994 Olympic Games. McDonald’s was the official
sponsor; prior to the Olympics, 69 percent of the respondents who took part in a survey
correctly identified that relationship. During the games, Wendy’s engaged in an ambush
campaign that featured advertising with a winter sports theme. In the postevent survey,
68 percent of the respondents incorrectly identified Wendy’s as the official sponsor. For
those same games, 72 percent of the postevent sample correctly pointed to Visa as an official
sponsor; however, the effective ambushing campaign orchestrated by American Express
Endnote 5 resulted in some 52 percent of those surveyed identifying it as an official sponsor.5
Converse was a sponsor of the 1984 Olympics in Los Angeles. Nike implemented an
ambush strategy by purchasing outdoor advertising space along the roads leading to the
Olympic venues and displaying the Nike “swoosh.” It also used former Olympic athletes
Mary Decker and Carl Lewis in many of its promotions. As a result of the ambushing cam-
paign, a consumer poll revealed that twice as many people identified Nike as an official
sponsor as compared with the true sponsor, Converse. The Qantas “Spirit of Australia”
campaign produced postevent results indicating that 44 percent of those surveyed believed
Qantas was the official sponsor compared with only 27 percent who correctly identified
Endnote 6 Ansett Australia.6
These examples document that ambush marketing works. If companies can achieve bet-
ter results than official sponsors without paying the enormous rights fees, then the incentive
to ambush is clear. Until events or legal systems are able to implement policies that preclude
efforts of this type, ambush marketing efforts will continue to grow in popularity.
Third, consumers are not offended by companies that engage in ambush tactics. A
recent study shows that there is confusion as to who is allowed to advertise during the
broadcast of any given event. For example, the majority of those polled indicated their
Endnote 7 belief that only official sponsors of the Super Bowl can advertise during the broadcast.7
The consequences of this misconception are apparent; if one of those consumers sees an
advertisement for a nonsponsor during the broadcast, then that viewer will incorrectly
associate the advertiser with the event. More disconcerting, only 20 percent of the respon-
dents agreed with the statement that they were “annoyed by companies trying to associate
themselves with the Super Bowl without being official sponsors.”
ful2821x_ch06.qxd 4/20/06 2:01 PM Page 110
A study that questioned New Zealand and American university students about the appro-
priateness of ambush behavior further supports the premise that there is apathy on the part
of consumers in regard to these tactics. Fully 50 percent of the Americans and 69 percent
of the New Zealanders exhibited either a neutral stance or agreed with the summary
statement that ambushers were simply making more effective use of their promotional
resources.8 The same question was posed to a national sample of consumers in the United Endnote 8
States, and similar results were documented.9 Until consumers are turned off by ambushers Endnote 9
and refuse to buy from them, there will continue to be an incentive to ambush. Given cur-
rent attitudes, it is apparent that the apathy will persist and that consumers will continue to
simply shrug off the efforts of ambushers and view their actions as acceptable.
Until consumers are turned off by ambushers and refuse to buy from them, there will continue
to be an incentive to ambush.
Last is the fact that attitudes within the industry may be slowly changing. At a recent
seminar in Auckland, New Zealand, an executive for adidas was asked about Nike’s effort
to ambush his company’s sponsorship of the World Cup of Soccer. With a shrug of his
shoulders, he responded, “They ambush us; we ambush them.” It was but one indication
that the perception of ambush marketing may be slowly evolving from parasitic to appro-
priate. In other words, it is becoming more prominent and it may become a more accept-
able strategy for tomorrow’s marketers.
Actions deemed to be piracy generally have definitive remedies under the laws of most
countries.
On the other hand, ambush marketing is perfectly legal in most countries. Since no laws
are broken, there are no legal steps that can be taken. It is these legal strategies that are
most troublesome to property owners and their sponsors. The most common of these legal
ambush marketing strategies have been placed into six categories.
ful2821x_ch06.qxd 4/20/06 2:01 PM Page 111
Property owners and their sponsors can not afford to make the mistake of assuming that they
are safe from ambushers simply because they are not a sports event.
Sponsor Subcategories
Adidas sponsored the most recent World Cup of Soccer. Nike sponsored several of the top
teams that were competing. Nike’s sponsorship of a lower category germane to the event
constituted a legitimate marketing decision. In a similar scenario, Reebok sponsored the
U.S. men’s basketball team at the Barcelona Olympics; at a lower level, Nike sponsored
several of the players on the team, including the most noteworthy, Michael Jordan.
This strategy is sometimes referred to as ambushing up. The term is derived from the
fact that the ambusher is involved with an official sponsorship of some lower level (at
a lesser cost) but uses techniques designed to create the impression that it is involved
with the event at some higher level of sponsorship. Again, for the ambushing to take
place, there is no need for the marketer to be targeting a direct competitor. Many events
today have multiple levels of sponsorship. For example, a firm might choose to be an
official supplier of the World Cup or the Olympics, but it might try to create the impres-
sion that it is a sponsor at the highest level. Some people question whether the Sydney
Olympics’ official service provider TNT Delivery diminished the consumers’ ability to
recognize UPS delivery as a TOP sponsor. This issue highlights the need to negotiate
broad category exclusivity in the early stages of establishing the terms of the sponsor-
ship contract.
One of the strategies used by Wendy’s in its effort to ambush McDonald’s Winter Olympics
sponsorship was to feature former Olympic ice skating champion Kristi Yamaguchi in a series
of advertisements that aired prior to, during, and after the Olympic competition.
Themed ads do not necessarily feature famous athletes. They may instead focus on simi-
larities with the event. If the ambush effort is directed toward a golf tournament or its spon-
sors, the creative aspects of the advertising could feature golf situations. Efforts directed
toward the Olympics could feature competition similar to the popular events. A second com-
ponent of the aforementioned Wendy’s campaign was to feature the company’s president in
advertisements making fun of his lack of skills in his presumed efforts to ski, play hockey,
or drive a bobsled. Consumers saw Wendy’s advertisements with a winter sports theme broad-
cast during times that coincided with the Olympic Games, and many erroneously assumed a
relationship between the company and the event. Similarly, Nike leased outdoor signage on
the roads leading to Olympic venues in Salt Lake City. These themed billboards helped to
create the impression that Nike was an official sponsor of the Winter Olympics.
The use of a traditional advertising strategy is represented by a company’s decision to
pursue its marketing objectives by countering a sponsor’s advertising with its own messages.
Since the marketer is simply trying to overcome the sponsor’s advantage by promoting its
own strengths, few would consider this strategy to be parasitic. As noted earlier, being an
event sponsor does not make a company immune to efforts by competitors to create brand
preference for their own products. Still, some critics view these actions to be ambush mar-
keting efforts when the advertising is executed around the same time frame as the event,
especially if the campaign represents a substantial increase in the amount of money spent in
comparison to previous promotional strategies. This strategy is hampered by category exclu-
sivity components that are common in today’s sponsorship contracts. Further restricting this
type of opportunity, the broadcast networks often offer sponsors the right of first refusal for
purchasing advertising time. As a result, the inventory of time available for advertising may
be depleted without it ever being made available to nonsponsors. However, this does not pre-
clude the nonsponsor’s ability to place advertising on alternative media such as newspapers,
radio, magazines, billboards, the Internet, or other TV programming.
Other Dilution Strategies
A final category is comprised of an eclectic array of activities undertaken in an effort to
dilute the advantage held by the sponsor. These strategies are often combined with tech-
niques discussed in the five preceding categories.
A nonsponsor may purchase tickets to an event with which it is seeking to create the
perception of an association. By distributing these tickets to customers, employees, or as
prizes in contests, an association may be assumed by some people in the market. If so, the
ambush effort has been effective. A key consideration with this strategy concerns the
ful2821x_ch06.qxd 4/20/06 2:01 PM Page 114
ambusher’s inability to use event trademarks and logos in its promotional efforts. To do so
might cross the legal boundary and turn ambushing into piracy. Furthermore, one common
stipulation regarding the sale of tickets to major sports events is the prohibition of the sub-
sequent use of those tickets as prizes in any type of contest or sweepstakes.
Another commonly used dilution strategy is the confusion technique. This strategy requires
the ambusher to develop creative promotions that consumers naturally associate with the event
or property. Steinlager Beer was an official worldwide sponsor for the 1991 World Cup of
Rugby. The English rugby team is generally a strong contender; therefore it is a potentially
valuable property for a sponsor. During the competition, the English team would play its
“anthem,” the familiar song “Swing Low, Sweet Chariot.” Imagine the outrage on the part of
Steinlager executives when Foster’s Beer introduced its advertising theme song “Swing Low,
Sweet Carry-out” sung to the same beat and tune as the English team’s anthem.13 Another Endnote 13
creative strategy was American Express’ declaration that if you went to Lillehammer, Norway,
site of the 1994 Winter Olympics, you would need a passport but not a visa. Of course, its real
focus was not travel documentation required to enter Norway; rather, it was directed at Visa
International, one of the official sponsors of the Games.
A marketer might go so far as to create its own event. If it cannot sponsor a local bowl-
ing tournament or concert series, it may initiate its own. When a marketer finds itself locked
out of a series of theatrical productions in a major city, it may negotiate with touring com-
panies and local venues to develop a new series that it can sponsor. In this way, not only does
the marketer control the sponsorships, but it controls the product and timing as well.
Yet another strategy is to sponsor other events that take place in the venue of the event
being ambushed. This strategy allows the ambusher to create an indirect association with
the event. Additionally, photos used in subsequent advertising further reinforce the misin-
terpretation that the ambusher is affiliated with an event when it is not. Remember that
Ansett Australian Airlines was the official airline of the Sydney Olympics. Major competi-
tion took place at Stadium Australia outside of Sydney. Qantas Airlines sponsored the
Bledisloe Cup, a rugby competition played between Australian and New Zealand national
rugby teams. The event was also contested at Stadium Australia. Later advertising that fea-
tured Qantas and the stadium created further confusion as to who the official Olympic spon-
sor actually was. Pictures in advertising placed Qantas at Stadium Australia during the
Olympic competition; that association is exactly what the ambusher was seeking to achieve.
It is easy to understand why event organizers have begun to demand clean stadia devoid of
any signage as a condition for staging their events in a particular city, stadium, or arena.
A tactic that was a recent source of controversy is to encourage the wearing of clothing at
an event when that clothing represents a company that is not a sponsor. Nonsponsors often
give free T-shirts to fans in the hope that they will wear them to the event. In addition to cloth-
ing, the ambush strategy may call for the distribution of flags, signs, or other items that
display the logo of a nonsponsor. Ambushers have been known to orchestrate the display of
their brand names and logos by, in effect, hiring fans to wear their shirts and wave their flags.
The controversy arises when a fan is confronted and the offending items are confiscated.
What the organizers perceive as an ambush marketing strategy may simply be a fan’s decision.
Should a fan wearing a Heineken T-shirt to an event where Budweiser is the sponsor be
subject to having clothing confiscated or perhaps being denied admission to the event?
When to Ambush
The previous sections explained the concept of ambush marketing, the rationale for
ambushing, and the ways in which the strategy can be implemented. The final question
concerns when it represents an effective strategy.
ful2821x_ch06.qxd 4/20/06 2:01 PM Page 115
Ambush marketing is most effective when the official sponsor is doing a poor job of reinforcing
its relationship via an effective integrated marketing communications plan.
The ambush strategy by Toohey’s actually ended up in court. Its advertising campaign
included the tag line that it was the “beer of choice at Stadium Australia.” Toohey’s was
using its sponsorship of the stadium as an opportunity to align itself with the Olympics.
The court ruling required Toohey’s TV advertising to include the disclaimer that it was not
an Olympic sponsor. It is doubtful that this disclaimer did much to dispel any misconcep-
tion that Toohey’s was a legitimate sponsor. After all, how many people, especially sports
fans in local bars, actually read the small print?
campaigns. The origination of these precautions and techniques may be the sponsor, the
sponsee, or a variety of government initiatives.
If a sponsor understands how to ambush, then it can better assess its own vulnerability.
The first thing that the sponsor should do is learn how to ambush. If a sponsor understands
how to ambush, then it can better assess its own vulnerability. The ability to envision how
it could be ambushed should help the sponsor develop a more effective strategy to counter
the efforts of ambushers. So some experts recommend that every sponsor should develop
a plan to ambush itself.15 Once the marketer understands the tactics used, it can then imple- Endnote 15
ment strategies designed to prevent them.
Leveraging refers to the use of a variety of strategic initiatives that are designed to support
the sponsorship.
The most important tool that can be used is primarily the responsibility of the sponsor.
Every sponsorship must be effectively leveraged. Leveraging refers to the use of a variety
of strategic initiatives that are designed to support the sponsorship and reinforce the pub-
lic’s awareness of the official relationship between the sponsor and the event or property
to which the rights fees have been paid. This includes efforts directed toward both the con-
sumers and the members of the channel of distribution. Sponsors should not underestimate
the importance of leveraging. Given its importance, a comprehensive discussion of lever-
aging issues is provided in the next chapter.
Another prevention strategy is to limit a nonsponsors’ ability to advertise in close prox-
imity to the event venue. This advertising could take many forms. The easiest to control is
the prohibition of advertising by anyone other than sponsors in the event venue itself. This
concept has been referred to as the clean-stadium strategy. The second strategy is to limit
the ability of nonsponsors from having any display of signage within a predetermined dis-
tance of the venue.
A clean stadium is void of any advertisements, signage, or displays of trademarks owned
by any nonsponsor. Logos may need to be removed from the playing field or scoreboard. It
may even include logos at concession areas or in luxury suites. There have been cases where
stadium managers were directed to remove TVs or any brand identification of the TVs in
suites and concession areas. In fact, it was the inability of the New Zealand Rugby Football
Union (NZRFU) to assure clean stadia that reportedly led to the International Rugby Board’s
decision to pull the World Cup games that were scheduled for New Zealand venues and relo-
cate them to clean stadia in Australia.
The idea of a clean stadium has been extended beyond the limits of the stadium
grounds. In some cases, event organizers will mandate that no unauthorized advertising
can take place within some established distance of the venue. This can include free-
standing signs, signs at area stores and markets, signs painted on buildings, billboards,
and even airborne displays. This strategy is difficult to implement without governmen-
tal support in the form of laws. For instance, the Atlanta Olympics received protection
by the implementation of flight restrictions that limited the ability of general aviation
aircraft to engage in any airborne ambushing activity. In 1997, the IOC instituted new
rules that require that any city bidding for the Olympic Games must acquire the rights
to all advertising space within its city limits for the month during which the Games take
place. This includes all billboards, posters, advertising on mass transit vehicles, and all
paintings on buildings. The estimated cost of satisfying these requirements on the part
of the Athens Olympics Organizing Committee was some $10 million; however, it is
ful2821x_ch06.qxd 4/20/06 2:01 PM Page 119
generally believed that the resultant limitations on ambushing activity will make official
Endnote 16 Olympic sponsorships more valuable.16
Nike’s prior ambushing strategy that used billboards caused organizers of the Salt Lake
City Winter Olympics to consider methods to limit their ability to ambush. The result was
an agreement for the organizers to secure the rights to many of the existing billboards
along 70 miles of roadway through the city; these billboards were reserved for official
sponsors. Besides the IOC, organizations such as the NFL and the National Collegiate
Athletics Association (NCAA) have implemented similar strategies designed to restrict
advertising in areas in close proximity to their events.
Efforts should be made by event organizers to establish more control over advertising
during the TV broadcast of the event. This includes both the regularly televised advertis-
ing that we all recognize as such and the less understood tactic of virtual advertising.
Efforts to limit traditional advertising can be challenging. Broadcast networks pay large
sums of money for the rights to televise popular events. They recoup these costs and seek
to earn a profit by selling time to advertisers. In some cases, the broadcast is completely
under the control of the event organizers. In other cases, the organizers attempt to imple-
ment restrictions that limit ambush opportunities without adversely impacting the revenue
earned by the broadcaster.
Event organizers can control the advertising by one of three methods. The first is
the concept of a time-buy. In these situations, the organizer purchases a specified
block of time from the broadcaster. That block of time is under the complete control
of its purchaser. The final programming will consist of the event and its attendant
commercials as determined by the organizer, not the broadcaster. It is then the respon-
sibility of the event organizer to sell advertising time in order to create a revenue
stream. Ownership of the time period is crucial in regard to ambush marketing. As the
owner, the organizer can control who is and who is not allowed to advertise during the
broadcast. Any potential advertiser that might represent an ambushing risk will be
denied access to the broadcast. The time-buy strategy is often employed for minor
sports that do not generate large TV ratings; however, it is less applicable for major
sports and entertainment events.
The second way in which the organizer can control the advertising is by contractually
limiting the broadcaster’s ability to sell advertising time to companies deemed unaccept-
able. Contracts with this restriction are generally limited to highly desirable events such
as the Masters Golf Tournament, the Super Bowl, and the World Cup of Soccer. A con-
cern is that the broadcaster may view such a policy as an intrusion that limits its ability
to earn a profit. In many cases, however, the space is initially provided to sponsors on a
right-of-first-refusal basis. They can purchase time, thereby leveraging their sponsorship
while preventing ambushers from buying in. If sponsors fail to purchase their reserved
time, then it becomes available to other marketers and may enable the ambusher to gain
access to the broadcast. Sponsors must be willing to spend additional money to leverage
their sponsorship rights.
Another anti-ambushing initiative is a restriction on the use of virtual advertising by
the broadcaster. Virtual advertising is the computer-generated imagery that appears as
signs on TV broadcasts. Sometimes referred to as virtual signage, these images exist
only on the broadcast; they are not physically present at the venue. Because they are
electronically generated, virtual signage can be superimposed anywhere there is a void.
Some new stadia have even been designed and constructed so as to maximize the appli-
cations of virtual advertising. Broadcasters could place ads for ambushers on the field
of play or on structures such as signs and scoreboards. As it relates to ambush market-
ing, the greater concern is that existing signage for a sponsor could be supplanted by virtual
signage for the ambusher. While fans at the stadium would see the sponsor’s sign, those
ful2821x_ch06.qxd 4/20/06 2:01 PM Page 120
watching at home would see the ambusher’s sign. To prevent this type of ambush effort,
event organizers have begun to include restrictions against virtual advertising in the con-
tracts granting broadcast rights.
A strategy used with greater frequency today is one that will inevitably alienate many
of the participants. Events such as the World Cup of Cricket and the World Cup of Rugby
have begun to limit the ability of teams and players to endorse brands that are not officially
associated with their events.
The International Cricket Council (ICC) has required players to sign an agreement not
to endorse any products that might be perceived as rivals of any ICC sponsor. This agree-
ment includes a period prior to and after the completion of the competition in addition to
the period during which the actual competition takes place.17 However, players will like- Endnote 17
ly see this strategy as inhibiting their ability to supplement their income with endorse-
ment opportunities.
The International Cricket Council (ICC) has required players to sign an agreement not to endorse
any products that might be perceived as rivals of any ICC sponsor.
Similarly, the Rugby World Cup organizers imposed rules that prohibit players from
wearing clothing not provided by the event’s official sponsor. O2 is an official sponsor
of the national teams from England, Ireland, Wales, and Scotland. The clothing provided
by the team sponsor was not allowed to be worn on the playing field or at the practice
facilities during the event period. It was reported that even leisure clothing provided to
the English team could not be worn when the team traveled between matches from one
location to another.18 This prohibition may also be applied to sponsors other than cloth- Endnote 18
ing manufacturers. One sponsor of the Scottish Rugby Union is Famous Grouse (Scotch
whisky). Reportedly, it considered requesting a partial refund of its sponsorship fees
because it felt deprived of one of the important benefits provided under the terms of
that sponsorship.
The Rugby World Cup also requires all players to convey all rights to their image to the
event organizers.19 The net effect of this strategy is that the organizer controls the ability Endnote 19
to use photos of the players in advertisements that it, the organizer, chooses.
Many experts believe that public relations and advertising should be used to educate
consumers. The event organizer should publicize its sponsors and express appreciation for
their role in staging the event. Figure 6.2 provides an example of a print ad that was used Figure 6.2
by the South African Rugby Football Union to educate fans while acknowledging each of
its principle sponsors and suppliers.
Some also believe that ambushers should be identified in an effort to embarrass
them in the eyes of the public. Although few would reject the idea that positive PR that
identifies and supports event sponsors can be effective, the tactic of using negative PR
in an effort to shame ambushers is of dubious value. Since consumers are not really
turned off by ambush marketing, identifying the ambushers is likely to have little or no
impact on consumer attitudes. So educate in a positive way. Identify the sponsors and
inform the consumers of the role that sponsors play in helping to stage the event and in
providing entertainment opportunities for the public. If it is a cause-related marketing
event, publicize the positive aspects for the beneficiary. Help the sponsors in their quest
to develop recognition of the relationship between themselves and the sponsored prop-
erty. Stress any benefits gained by the target markets.
FIGURE 6.2
Ad Used to Educate
Fans and Identify
Sponsors
Ambush marketing efforts must continuously be identified by both the sponsor and the
sponsee. Many events have begun active surveillance programs; these programs are not
solely the responsibility of the sponsor. For example, the Detroit Red Wings use student
interns to drive around the metropolitan Detroit area in an effort to identify ambush mar-
keting efforts as well as vendors who are selling unlicensed merchandise. The term ambush
police has been applied to these scouts. According to the Sydney Olympics brand protection
manager, a team of 50 ambush police found only isolated instances of ambushing at the
Endnote 20 Olympic venues.20
For the Atlanta Olympics in 1996, “a dedicated task force” was “assigned to contin-
Endnote 21 uous surveillance.”21 At Wimbledon, officials of the Lawn Tennis Championships report-
edly confiscated thousands of hats and signs bearing the names and logos of brands that
Endnote 22
were not official sponsors of the tournament.22 A similar strategy was used by the World
Cup of Cricket in South Africa. Signs, clothing, and towels distributed to spectators by
ambush marketers were confiscated by the ambush police. When using this approach,
care must be taken to avoid overreacting to individuals. The ICC was strongly criticized
for acting too aggressively and expelling a fan who had brought a can of Coca-Cola to
a game when Pepsi-Cola was the official sponsor. The ambush police must be able to dif-
ferentiate between actual ambush marketing efforts and individual consumer actions.
Furthermore, they must be able to legally justify any actions taken that directly impact
fan choice and fan behavior.
Recently, organizers have recognized that less can be more and have thus tried to limit
the number of sponsorships to a manageable level. As was noted earlier, FIFA has indi-
cated an intention to reduce the number of official sponsors of the World Cup of Soccer
from its level of 15 in 2006 to a more manageable level of 6 for the 2010 cycle, More
ful2821x_ch06.qxd 4/20/06 2:01 PM Page 122
sponsors can lead to more confusion, and more confusion opens the door to effective
ambush marketing efforts. The strategy is designed to convince prospects that fewer spon-
sors will make their sponsorships more valuable. Event organizers must be able to acquire
the needed sponsorship revenue with a smaller base of partners, a requirement that obvi-
ously places upward pressure on the price of the opportunities that are available. But if
prospects are convinced that they will be less vulnerable to ambushers, then their per-
spective of the value of the sponsorship should change accordingly.
Earlier in this book, there was a discussion of pass-along rights for sponsors. It
addressed the ability of a sponsor to transfer some of the benefits of its sponsorship to
a third party that will likely share the costs associated with the official sponsor’s rights.
In some cases, event organizers have chosen to prohibit the pass-along strategy for fear
that the entity that receives the transferred rights could use them to engage in ambush
marketing. For example, consider a situation where a cola producer sponsors an event.
If the cola producer can pass along its benefits to a fast-food chain that sells its brands
of cola, then the fast-food restaurant might be able to use event logos in advertising and
on packaging involving the cola. The net effect could be that consumers view the fast-
food restaurant as a sponsor, a perception that is particularly problematic if another fast-
food restaurant is an official sponsor. So while granting pass-along rights may be viewed
favorably by some sponsors, the potential for abuse must be considered by property
owners and event organizers.
The property or event could incorporate the sponsor’s name. The Volvo Ocean Race leaves
little room for a competitor to ambush Volvo. College football bowl games in the United States
routinely incorporate a title sponsor; consider the Nokia Sugar Bowl and the FedEx Orange
Bowl. In Australia, the names of the men’s and women’s professional basketball teams once
incorporated their sponsors’ names within their team moniker. Figure 6.3 shows a sign that ref- Figure 6.3
erences the teams’ sponsors, Coca-Cola and Sega.
This strategy is fairly effective in those circumstances where it can be employed. One
concern is that the sponsors’ names are often routinely omitted in media reports or during
the broadcast. For example, some Australian broadcasting concerns take a strong stance
against the acknowledgment of these corporate relationships as well as stadia that are
named after a corporate entity.
FIGURE 6.3 More recently, a number of legal restrictions
Incorporating the have been implemented. Of course, the event
Corporate Sponsor’s organizers must be able to convince the various
Name with the governmental bodies that protective laws are in
Team’s Name their own best interest, otherwise it is difficult to
have any beneficial legislation passed. The typical
argument is that the event will benefit the local
economy, and without the regulations being
sought by the organizers, the event will not be
staged in their city. A second concern is that laws
that are enforceable in one location are not
enforceable in others. For example, the laws
passed to protect the Olympics in Sydney did not
apply for future summer games in Athens,
Beijing, or London. As a result, organizers are
constantly seeking the institution of new sets of
laws in new cities and countries.
Laws that provide significant protection are those
that address the ability to protect trademarks and
logos. While there is no universal law and enforcement
ful2821x_ch06.qxd 4/20/06 2:01 PM Page 123
of existing laws are not always vigorous, most developed countries seek to provide some meas-
ure of protection for an organization’s trademarks and registered logos. Two recent efforts to
strengthen existing laws and further protect events and sponsors from the unauthorized use of
their trademarks and logos are associated with the Sydney 2000 and the Beijing 2008
Olympics.
The Sydney 2000 Games (Indicia and Images Protection) Act was passed in 1996 to
strengthen an act passed only two years earlier. It specifically addressed logos owned
by the IOC (such as the Olympic torch) and others owned by the Sydney Organizing
Committee of the Olympic Games (such as Olympic mascots Syd, Olly, and Milly). This addi-
tional protection was a requirement imposed on the Australian government as a condition
for being awarded the rights to stage the Games. It is noteworthy to acknowledge that laws
such as these truly address issues of piracy more so than ambush marketing per se. Although
legislation can protect piracy, freedom of expression makes it difficult to create rules
whereby ambush marketing is illegal.
Recently, the IOC imposed similar requirements on China in relation to the 2008
Olympics and London for the 2012 Games. China has a long history of counterfeit prod-
ucts and trademark infringements, so the IOC and its continuing sponsors were rightfully
concerned. Separate laws were passed by the city of Beijing and the Chinese national gov-
ernment. The laws that took effect in 2003 provide broad protection for the Olympics’
intellectual property rights. They provide for an array of penalties, including confiscation,
seizure of cash resources, and fines. Furthermore, criminal charges are applicable if the
Endnote 23 efforts involve fraudulent activities.23 Legitimate rights-holders can also seek damages
from violators whose efforts serve to diminish the value of their intellectual properties,
namely trademarks and logos. A new set of more stringent laws in England is already in
the formative stage even though the Games themselves are several years away.
In South Africa, perhaps the most stringent set of laws ever to address ambush marketing
was passed prior to the World Cup of Cricket held there in 2003. The legislation made it a
criminal offense to engage in ambush marketing of any event. The designation as a criminal
offense meant that violators could face lengthy jail sentences if convicted. The law even
allowed for the confiscation of tickets if they were distributed as part of an ambush marketing
Endnote 24 campaign.24 The key point that differentiates these laws from those of Sydney and Beijing
is that they address common ambushing strategies, not just piracy.
FIFA has created its own legal team to immediately respond to efforts to ambush its
events. According to officials of the organization, the problem can be resolved with a sim-
ple phone call to the violator. However, FIFA is prepared to initiate legal action if that is
deemed to be the only way to resolve the conflict.
As global organizations such as the IOC, FIFA, and the International Cricket Council
gain more power, and as economic rewards for hosting their premier events continue to
escalate, we can expect to see more pressure exerted on governments with the result being
the passage of new laws that further restrict ambush marketing activities, even those activ-
Box 6.2 ities that were previously legal. Box 6.2 summarizes the most common measures taken in
the effort to prevent sponsors and properties from being ambushed.
P R E V E N TAT I V E M E A S U R E S A G A I N S T
AMBUSH MARKETERS 6.2
• Learn how to ambush
• Leverage the sponsorship
• Limit nonsponsors’ ability to advertise
• Establish control over advertising during event broadcast
• Make a time-buy
• Limit broadcasters’ ability to sell time
• Prohibit virtual advertising
• Limit participants’ ability to endorse brands of nonsponsors
• Educate consumers
• Provide positive PR for sponsors
• Provide negative PR to shame ambushers
• Surveillance programs
• Limit number of sponsorships to a manageable number
• Prohibit pass-along strategy
• Incorporate sponsor’s name
• Legal restrictions
Some will argue that ambush marketing is simply a way for an astute marketer to neu-
tralize an advantage held by a competitor or to gain its own advantage in the marketplace.
There are numerous examples cited on the previous pages that document the effective use
of ambush marketing by companies both large and small.
It is difficult for a competitor to ambush when the public is aware of who the actual sponsor is.
Perhaps the key point made earlier was that property owners and sponsors need to learn
how to ambush. Only then can they recognize their own vulnerability. When this vulnerabil-
ity is scrutinized, then appropriate measures designed to protect the sponsor’s investment by
preventing ambush marketing can be implemented. Many of the techniques are effective, but
even new laws will not completely insulate the sponsor and the sponsee from the renegade
marketer. Therefore, no matter what other safeguards are put in place, the sponsor must
engage in a planned leveraging campaign designed to support its sponsorship. It is difficult
for a competitor to ambush when the public is aware of who the actual sponsor is.
Closing A statement from Schlossberg’s early book on sports marketing provides a starting point
Capsule for the closing capsule. The advice offered was, “you’ve got to hit consumers over the
head with your message of sponsorship, or don’t do it.” The rationale behind that state-
ment is threefold:
• Sponsorship is most effective when consumers recognize the relationship.
• Ambush marketing efforts will negatively impact that recognition.
• Leveraging will help to reinforce it.25 Endnote 25
ful2821x_ch06.qxd 4/20/06 2:01 PM Page 125
Endnotes 1. IEG’s Complete Guide to Sponsorship: Everything You Wanted to Know about Sponsorship
(Chicago: IEG, Inc., 1999), p. 42.
2. G. Ruffenach, “Olympic Sponsors Will Pay Atlanta Plenty for Exclusivity and Ambush Protection,”
The Wall Street Journal, June 4, 1992), pp. B1, B4.
3. P. Elliot and T. Singh, 2003, “Ambushing the Games?” October 13, 2002, www.sportbusiness.
com/news/fandc?news_item_id=148935 (accessed October 13, 2005).
4. C. Pritchard, “Sydney’s Ambushers Strike Gold,” Marketing Magazine 105, no. 4 (November 6,
2000), p. 6.
5. H. Schlossberg, Sports Marketing (Cambridge, MA: Blackwell Publishers, Inc., 1996), pp. 44–45.
6. J. Davidson and J. McDonald, “Avoiding Surprise Results at the Olympic Games,” Managing
Intellectual Property, no. 115 (December–January 2002), p. 22.
ful2821x_ch06.qxd 4/20/06 2:01 PM Page 126
7. M. Lyberger and L. McCarthy, “An Assessment of Consumer Knowledge, Interest in, and
Perception of Ambush Marketing,” Sport Marketing Quarterly 10, no. 2 (2001), pp.130–37.
8. S. Fullerton and D. Taylor, “A Comparison of New Zealand and American University Students’
Views of Various Aspects of Sports Sponsorship,” The Challenge: Sport Management beyond
2000, January 2000, pp. 20–21.
9. H. Dodge, S. Fullerton, D. Moore and D. Taylor, “A Study of American Consumer Attitudes toward
Sponsorship,” Sport Management: Best Research and Innovative Practice, November 2000, p. 27.
10. S. Townley, D. Harrington, and N. Couchman, “The Legal and Practical Prevention of Ambush
Marketing in Sports,” Psychology and Marketing 5, no. 4 (1998), pp. 333–48.
11. T. Meenaghan, “Ambush Marketing: Corporate Strategy and Consumer Reaction,” Psychology
and Marketing 15, no. 4 (1998), pp. 305–22.
12. Ibid.
13. Ibid.
14. J. Curthoys and C. Kendall, “Ambush Marketing and the Sydney 2000 Games (Indicia and
Images) Protection Act,” Murdoch University Electronic Journal of Law, 8, no. 2, (2001).
15. A. Grey and K. Skildum-Reid, The Sponsor’s Toolkit (Sydney: McGraw-Hill Pty Ltd., 2001),
pp. 165–66.
16. J. Curthoys and C. Kendall, “Ambush Marketing and the Sydney 2000 Games (Indicia and Images)
Protection Act,” Murdoch University Electronic Journal of Law 8, no. 2 (2001).
17. P. Elliott and T. Singh, “All Aboard the Brandwagon,” October 30, 2002, www.sportbusiness.com/
news/fandc?news_item_id=148934 (accessed October 13, 2005).
18. “England Face Loss after Ban on World Cup Sponsorship,” Guardian Newspaper, April 22, 2003.
www.buzzle.com/editorials/text4-22-2003-39424.asp. Accessed 12/8/03.
19. D. Barrand, “RWC Lays Its Own Ambush,” October 6, 2003, www.sportbusiness.com/new/fandc?
news_item_id=152704 (accessed October 13, 2005).
20. Pritchard, “Sydney’s Ambushers Strike Gold.”
21. Ruffenach, “Olympic Sponsors Will Pay Atlanta Plenty.”
22. M. Kleinman, “Wimbledon Acts to Halt Unofficial Ambush Activity,” Marketing, July 5, 2001,
p. 1.
23. F. Mendel and C. Yijun, “Protecting Olympic Intellectual Property,” Chinese Law and Practice,
May 1, 2003, p. 1.
24. D. Barrand, “ICC Sets Its Own Ambush,” December 9, 2002, www.sportbusiness.com/new/
fandc?news_item_id=146913 (accessed October 13, 2005).
25. Schlossberg, Sports Marketing, p. 42.