Professional Interpretation

Abstract: The problem of ambush marketing infringement in sports events marketing is one of the hot spots in the field of domestic sports intellectual property. The ambush marketing behavior is the shadow of almost all the international large-scale sports events. The Olympic Games, the Asian Games, the World Cup and other international sports events have been affected by ambush marketing behaviors. The study of this special infringement will help us to deal with it and protect the interests of market developers. The Sports Business Team of Beijing Docvit Law Firm will analyze the definition, legal characteristics and harmfulness of ambush marketing infringement in sports events marketing, and discuss its preventive countermeasures.

Ⅰ. The definition of ambush marketing in sports events

The views of foreign scholars are mainly: the ambush marketing behavior means that some enterprises hope to establish a fictional relationship between their own brands and sports events in the minds of consumers without paying a large amount of funds, so as to obtain the benefits which are brought by sports events. In short, ambush marketing is a free-riding commercial marketing campaign that intentionally or unintentionally interferes with the legitimate market development of formal sponsors of sports events.

The method of definition is broadly divided into two categories. The first one is that regardless of whether or not the Olympic intellectual property rights are infringed, as long as some brands or products are linked to the Olympic Games, there is an ambush marketing behavior. The second one is that there is no infringement of intellectual property rights. That is to say, the behavior without legal norms is called ambush marketing behavior.

At present, domestic scholars have two wrong tendencies to understand the ambush marketing behavior:

1) All ambush marketing behaviors are infringing on intellectual property rights;

2) All ambush marketing behaviors are illegal.

In practice, the ambush marketing behavior is neither equivalent to infringement of intellectual property rights nor illegal behavior. The key reason for the difficulty of regulation is that many ambush marketing behaviors do not violate the law.

Ⅱ. Legal characteristics and harmfulness of ambush marketing Infringement in sports events

1. Diversification and concealment

At present, the phenomenon of "ambush marketing" frequently appears in major sports events. Different from general tort, ambush marketing has strong concealment. In order to earn unfair profits, some companies use sports-related symbols on business names, logos, products or services without permissions of the official sponsors of the sports event, misleading the public to believe that the companies are sports events sponsors. These violations have seriously affected the interests of official sponsors. 

2. Covering specific areas

The occurrences of "ambush marketing" are generally related to specific sports events. Some enterprises do not pay sponsorship fees to the specific sports events boards or organizing committees, yet use the sports event’s logos, emblems, mascots, keywords, slogans and so on in advertising without authorizations. 

3. The complexity of the objects of infringement

The victims of ambush marketing behaviors are complex objects. The ambush marketing behavior not only has a direct negative impact on the sponsors of sports events, but also affects the hosts of sports events (including the council, the organizing committee) and consumers themselves. 

4. Tort damages are time-sensitive

The occurrence of ambush marketing infringements in sports events is very time-sensitive during the period of sports events.

Ⅲ. Measures to prevent the ambush marketing behavior

1. Strengthening legislation and law enforcement

In practice, the current legislation on ambush marketing behaviors lags behind. Making forward-looking laws and timely legislation is the key to limit ambush marketing behaviors. Unfortunately, so far, in addition to the regulations on intellectual property protection for the Olympic Games, there are no other legislation on intellectual property rights in large-scale sports events. Moreover, in the process of law enforcement, different government departments should constantly strengthen communication and cooperation. The law enforcement authorities should be informed proactively of the legitimate use of sports events’ information through newspapers, websites and other media. For the obvious malicious infringement, we must resolutely resort to the law. For the bona fide users we may first adopt the method of persuasion education. After persuasion, if they refuse to correct, they should be exposed and punished.

2. Strengthen contracts agreements and standardize market behaviors

The potential ambush marketing behaviors should be fully foreseen and restricted by contracts. For example, when the organizing committee is signing a contract with a television station which obtains the broadcasting right, the possible ambush marketing behaviors such as advertisement placements should be taken account of. For the public, it can be dealt with in an agreed manner. For example, the rules to be observed when watching games can be printed on the tickets surface. 

3. Strengthen communication and raise awareness of prevention

In order to eliminate the breeding conditions of ambush marketing, we should strengthen communication and publicity, so that relevant government agencies, business units, social groups and media understand the importance of anti-ambush marketing behaviors. 

4. Enhance advertising and form an atmosphere of resisting ambush marketing behaviors

Good guidance on public opinion orientation and good atmosphere are the keys to effectively prevent ambush marketing behaviors. Therefore, we should step up publicity efforts so that every citizen and each organization can correctly understand the harm of ambush marketing behaviors. At the same time, it is important to improve the sense of social responsibility and form the atmosphere of resisting ambush marketing behaviors. All of these are important to embody the Olympic spirits and the positive social and humanistic atmosphere.

V. Conclusion

In view of the immediate interests, the ambush marketing behaviors of sports infringe on the interests of sponsors, endanger the brand value and sustainable development of the events. And in the long run, the ambush marketing behaviors damage the reputation of the host country and trample on the Olympic sports spirits. Its harm cannot be underestimated, so it should be firmly contained.