Bavarian Blondes Don't Need a Visa: A Comparative Law Analysis of Ambush Marketing

38 Pages Posted: 7 Oct 2014 Last revised: 11 Mar 2015

Gerlinde Berger-Walliser

University of Connecticut - School of Business - Dept. of Business Law

Melanie Stallings Williams

California State University, Northridge - Department of Business Law

Bjorn Walliser

University of Lorraine - CEREFIGE Research Center

Mark Bender

Monash University - Department of Business Law & Taxation

Date Written: 2012

Abstract

This Article describes the problem of ambush marketing: the act of attempting to associate with an event without buying the rights to do so. From the perspective of the organizers and sponsors, the problem is significant. More than $100 billion is spent annually on purchasing sponsorship rights and the associated promotions. For companies that have not paid for such rights to be able to imply an association with these high-profile events dilutes the value of that sponsorship. Despite the size of the problem, however, (and except for the special coverage many countries afford Olympic activities), there is little legal protection against all but the most blatant marketing encroachment.

This Article examines the problem and legal approaches from countries in the European Union, North America, and Oceania, including the United States, Canada, the United Kingdom, Germany, and Australia.

Keywords: Ambush marketing, comparative trademark law

JEL Classification: M31, K33, K39

Suggested Citation

Berger-Walliser, Gerlinde and Williams, Melanie Stallings and Walliser, Bjorn and Bender, Mark, Bavarian Blondes Don't Need a Visa: A Comparative Law Analysis of Ambush Marketing (2012). 21 Tulane J. of Intl' & Comp. Law 1 (2012). Available at SSRN: https://ssrn.com/abstract=2506117

Gerlinde Berger-Walliser (Contact Author)

University of Connecticut - School of Business - Dept. of Business Law ( email )

368 Fairfield Road
Storrs, CT 06269-2041
United States

Melanie Stallings Williams

California State University, Northridge - Department of Business Law ( email )

United States

Bjorn Walliser

University of Lorraine - CEREFIGE Research Center ( email )

Pole Lorrain Management
Nancy, 54000
France

Mark Bender

Monash University - Department of Business Law & Taxation ( email )

Clayton Campus
Wellington Rd
Clayton, Victoria 3800
Australia
+61 3 9905 8554 (Phone)
+61 3 8610 2078 (Fax)

HOME PAGE: http://www.buseco.monash.edu.au/depts/blt

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