Legislating to Control Ambush Marketing - The New Zealand Model

Abstract

New Zealand has recently enacted the Major Events Management Act 2007 ('MEMA'). The legislation has become notorious for its extensive prohibitions of activities now known as 'ambush marketing by association' and 'ambush marketing by intrusion'. However, the objective of the MEMA is to provide wide-ranging protections for major events and, therefore, its focus is wider than ambush marketing. The purpose of this paper is to analyse the major features of the MEMA as they relate to ambush marketing. Only limited comment will be made of those provisions that are outside the ambit of ambush marketing.

The underlying themes of this paper are that the legislation is unnecessary given the protection provided by the existing law; it is poorly drafted, particularly in the way it concentrates on minutiae; and it is heavy handed and unbalanced in its approach, with the dominant interests being those of event organisers and their associates as opposed to the interests of the general public. Despite its faults, the legislation is interesting and worth analysing. Although the MEMA is a statute that has been enacted by a small and relatively insignificant state, it has significance far beyond New Zealand. In particular, it has significance as a template for future legislation in countries which regularly and successfully compete for major events.

Keywords: Ambush marketing, intellectual property

JEL Classification: K11, K20, M30