• AMBUSH MARKETING PRESENTED BY

R.KUMARAVENKATESAN ADVOCATE

PATENTS DEPARTMENT ALTACIT GLOBAL

PRESENTATION

The word "ambush meansan attack from a hidden position“parasitic marketing –attached to a host and gets benefited

The term "ambush marketing" was coined by the famous marketing strategist Jerry Welsh

INTRODUCTION

The actions of companies who seek to associate themselves with a sponsored event without paying the organizers. The ambush consists of giving the impression to consumers that the ambusher is somehow affiliated with the event.marketing strategies are usually combined with the use of words or imagery that will remind consumers of the famous event.

Meaning of the term

OBJECTIVES

• It involves running similarly themed campaigns around the time of the event without actually mentioning the event itself.

Ambush marketing is not just for the amateurs, it’s also adopted by professional marketersOBJECTIVES:• To get maximum returns on the marketing buck

and• To undermine the branding efforts of the rivals

by stealing the attention, increasing the clutter and confusing the viewers

Examples

• Ambush marketing was first witnessed in 1984 Olympics

• In 1996 Summer Olympics Games in Atlanta, Nike company covered the city in ads, benefiting from the focus on the city for the olympics., Pepsi also involved in ambush market in the same event

• XIX Commonwealth Games • The Pepsi hot air balloon flying above Sharjah,

on the day of the Coca-Cola Cup final.

The ICC sent out a memo on October 26 last year imposing restrictions on players endorsing products that are in direct conflict with World Cup sponsors

Nike – 1998: Despite Adidas being the sponsor of the 1998 FIFA World Cup, Nike decided to sponsor individual teams

The (ICC) has warned Indian captain Mahendra Singh Dhoni that he could be in breach of its ambush marketing laws and has asked him to stop promoting companies and products not related to the World Cup.

Examples continued…..

• Direct" ambush marketing Predatory" ambushing Coattail" ambushing

Ambushing via trademark/likeness infringement

Ambushing "by degree

Types of ambush marketing

CONTINUED….

Indirect" ambush marketing• Ambushing "by association• Values-based ambushing• Ambushing "by distraction• Insurgent" ambushing• Parallel property" ambushingIncidental" ambush marketing

Types continued…..

• Increasing cost of sponsorships• Threat to corporate sponsership• Transgression on the intellectual property rights• Confusion as who is the real sponserer• critics may term ambush marketing unethical• Back door entry and unethical but not illegal• Riding upon the competitors back• Nurturing unfair trade practices• It spoils traditional marketing

Impacts of Ambush marketing

• ambush marketing is not only a smart marketing tactic but also a highly cost effective medium

• ambush marketing is a clever way to promote a brand. This is particularly true for the smaller firms that cannot afford to pay for acquiring the sponsorship of major events.

• It’s also increasingly creative and upgraded at a pace faster than traditional marketing

In favour of ambush marketing

• It’s time to look at ambush marketing as one of the mix in your overall marketing strategy.

• it can act as a self funded publicity campaign for the event concerned.

• giving a lot of publicity to both the brands.• Better strategy to meet the competition• Suitable one for small size companies• It increases the competitive spirit• It is not an illegal practice.• It is innovative

Continued…In favour of ambush marketing

• Creating a general consensus among the business world-Ambush marketing: 2012 London Olympics-as the organisers seek to stamp out ambush marketing.

• To prevent ambush marketing , many sponsors are buying all advertising space within a 10-15 mile radius of the sponsored event.

• the governments of China, United Kingdom, Brazil, South Africa, New Zealand and Canada have introduced anti ambush marketing laws to combat this growing threat.

Remedies

• Action may be taken for infringement through the Trade Mark Act, 1999 or The Copyright Act, 1957 when it is direct.

• One of the difficulties in dealing with ambush marketing is it often does not violate any laws, unless the ambush marketer uses the trademarks of an event organizer or an official sponsor or otherwise engages in unfair or deceptive conduct. In such occasion the conductor of the event may initiate an action but not the competitior /official sponserer

Remedies continued….

• Instances of ambush marketing, unlike activities such as counterfeiting that involve the unauthorized use of a registered trademark on merchandise, are rarely actionable or amenable to the traditional intellectual property remedies of trademark infringement.

• In the examples described above, the ambushed company cannot avail of any specific legal remedy. The advertising campaign can only be considered an unfair trade practice, the remedy for enforcement of which is not very clear

Remedies continued….

• GOVERNMENT NEEDS TO ENACT SPECIFIC LEGISLATIONTO PREVENT AMBUSH MARKETING OR

PROVIDE OPPORTUNITY TO CO SPONSER THE EVENT FOR A LESSER PAYMENT SPONSERSHIP IN A LIMITED MANNER.

BUT MNC’S SHOULD NOT BE ALLOWED TO MISUSE THE LESSER PAYMENT CO SPONSERSHIP.

TILL THEN,PROTECTION MAY BE GIVEN THROUGH, COMPETITION ACT, UNFAIR TRADE PRACTICES

PROVISION OF THE CONSUMER PROTECTION ACT AND ALSO THROUGH SPECIFIC IPR LEGISLATIONS.

CONCLUSION

THANK YOU

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AMBUSH MARKETING