The following TMT practice note produced in partnership with Gowling WLG provides comprehensive and up to date legal information covering:
This Practice Note considers, from an English law perspective, the legal issues relating to ‘ambush marketing’. The term ‘ambush marketing’ is used to describe promotional activities by a non-sponsor in connection with a major sporting or other event. In the UK, ambush marketing is addressed by a combination of legal measures including trade mark and copyright law, advertising codes, and specific Olympics-related legislation.
Although some legal tools used to combat ambush marketing in the UK are replicated in other jurisdictions (for example, trade marks for which the rules are harmonised across the EU), the legal position tends to vary greatly from one territory to another.
The jurisdictions with the strictest controls are often those which have hosted a major, global, sporting event in their recent history.
In the UK, the principal legal tools used to combat ambush marketing are:
trade marks—Trade Marks Act 1994 (TMA 1994)
passing off—UK common law right, no basis in statute
copyright—Copyright, Designs and Patents Act 1988 (CDPA 1988)
self-regulatory advertising codes:
UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code)
UK Code of Broadcast Advertising (BCAP Code)
Olympic and Paralympic Association Rights—Olympic Symbol etc (Protection) Act 1995 (OS(P)A 1995)
controls over athletes—for example, the Olympic Charter or the rules of individual sports governing bodies
contractual or other practical controls—for example ticket terms and
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
Insurable interestThis Practice Note considers insurable interest, including insurable interest in construction and liability insurance. It also considers insurable interest in subrogation, co-insurance and double insurance and the Insurable Interest Bill.What is insurable interest?‘Insurable
European Insurance and Occupational Pensions Authority (EIOPA)BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements
Common law offence of false imprisonmentThe offence of false imprisonmentFalse imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False imprisonment).It is triable only on indictment. It may be classified in class 2A, 2B or 3 in accordance with
Proprietary estoppelThis Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice
0330 161 1234