Ambush Marketing

When Does Ambush Marketing Lead to Legal Action?

  • Ambush marketing can lead to legal action when a rights holder claims that a campaign infringes its protected event rights. The dispute may begin with a demand to stop or remove the campaign and move to court if the issue is not resolved.
  • For an infringement claim to proceed, the rights holder must own or control a legal right affected by the campaign.
  • When a campaign copies protected branding or makes the brand appear to be an official sponsor, the owner may claim that its rights were violated.
  • After discovering the campaign, the rights holder can record the unauthorized use and decide whether to enforce its rights.
  • A demand letter gives the brand an opportunity to stop the campaign before the rights holder asks a court for an injunction or damages.