Ambush Marketing and Brand Protection Law and Practice Second Edition



  • The only book specifically focussed on the protection of major event sponsorship and laws to control ambush marketing
  • Detailed treatment of the laws relating to ambush marketing in the UK and other jurisdictions including the US, Australia, New Zealand, Canada and South Africa, as well as some European countries
  • Invaluable guidance for brand owners and their legal advisors on how to protect their brand and their investment in sponsoring major events

New to this Edition:

  • New chapter examining the principles and common clauses in sponsorship contracts as well as the differing types of sponsorship relationship
  • Covers recent developments including concerns about the distinctiveness of marks such as ‘WORLD CUP’ and ‘LONDON 2012’
  • Considers recent cases relating to the filing of marks in bad faith, trade mark use, the meaning of taking ‘unfair advantage’ and the meaning of ‘detriment’ in relation to dilution
  • New section on the Company Names Adjudicator
  • Increased geographical coverage

Ambush marketing is any attempt to create an unauthorised or false association with an event thereby interfering with the legitimate contractual rights of the event’s official marketing partners. Looking at both traditional intellectual property rights (such as trade marks, copyright and designs) as they relate to sporting events, and event-specific legislation (such as that of the Olympics), this book gives comprehensive and detailed coverage of ambush marketing. Also considered are the areas of law which can be used to prevent ambush marketing by intrusion (such as laws to prevent fly postering, street trading, the placing of posters and billboards, and control of aerial space). With the United Kingdon hosting three major events; the Olympic and Paralympic Games in 2012; the Commonwealth Games in 2014; and the Rugby World Cup in 2015, this new edition provides a timely and topical update on the area. A materials section is included providing ‘ambush marketing’ specific legislation both in the UK and other countries.

Table of Contents

Part A – Ambush Marketing, Concepts, Developments, and Incidents
1:Ambush Marketing
2:The Evolution of Ambush Marketing Laws
Part B- Ambush Marketing: United Kingdom and European Union Law
3:Trade Marks and Merchandising
4:Passing Off, Copyright, and Decisions and Related Rights
5:Symbols and Emblems
6:Sui Generis Protection against Ambush Marketing By Association
7:Licensing, Broadcasting, and Exhaustion
8:Advertising and Trade Regulation
9:Selling Tickets or Using them for Promotional Purposes
10:Civil and Criminal Proceedings and Border Control
Part C: Ambush Marketing: Laws around the World
13:New Zealand
14:South Africa
15:United States

Categories: , Product ID: 4455



ISBN: 9780199696451

Published: 17 November 2011

Author Information

Phillip Johnson, Barrister

Phillip Johnson is a barrister specialising in intellectual property law, media law, entertainment and sports law. Formerly, he was a legal adviser to the Patent Office from 2003 to 2007. He is also a Visiting Senior Fellow at Queen Mary, University of London and a Visiting Professor at the Jersey Law Institute. He is presently the Chair of the Expert Advisory Group on Trade Marks and Designs for the Intellectual Property Office and a Chair of the Brands and Custom Research Group at the Intellectual Property Institute


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