Ambush marketing and the protection of the trade marks of international sports organisations - a comparative view

The organisers of major sporting events seek to protect the marks and logos of such events against unauthorised use, in particular use by nonsponsors who try to use these marks to imply a connection with the event (ambush marketing by association). The protection given by intellectual property legislation is analysed, and decisions from various jurisdictions dealing with such infringements are discussed. The author then discusses other forms of legislative protection which are intended to protect these events, namely event-specific legislation and 'umbrella' legislation. She illustrates that even specific legislation does not offer complete protection. Finally, the author queries whether calls for increased protection can be justified