Ambush Marketing and the Mega-Event Monopoly.

• Author: Blackshaw, Ian

Andre M. Louw 2012 Tmc Asser Press The Hague The Netherlands Hardback Pages 761 + XII ISBN 978-90-6074-863-7 price [euro]213.95

Opinion is divided amongst sports bodies and administrators and sports marketers and their advisers alike on whether 'Ambush Marketing', where a company or a commercial organisation claims unfairly an association with a sports event, which they do not have and for which they have not paid a penny, is clever marketing or plain theft, as claimed by the International Olympic Committee.

In such a case, the official sponsors do not get value for the considerable sums - often hundreds of millions of dollars - that they have expended on a particular sports sponsorship. It is argued that 'Ambush Marketing' not only adversely affects sponsors; it also dilutes the value of sports events; and, furthermore, causes confusion to consumers and fans.

Sports bodies and administrators - not surprisingly - take a dim view of this practice and argue that they need to take measures to protect their sponsors from what they regard as unfair marketing practices.

Once such measure is to put in place an extensive so-called 'brand protection programme' to fight 'Ambush Marketing' and the organising committee of the 2012 London Olympic Games ('LOCOG') established and enforced such a programme. In fact, the LOCOG 'Anti Ambush Marketing Programme' was a very detailed and all-embracing one, leaving very little room for manoeuvre, especially amongst small East End of London traders and shopkeepers in localities bordering the Olympic Park. So much so, that the Programme was widely criticised, especially by the advertising industry, who considered that the right of free commercial speech was being unjustifiably eroded, resulting in Dr Jacques Rogge, the President of the International Olympic Committee, calling for common sense and reasonableness to be applied by LOCOG in its execution!

From the sub-title to this Book, namely 'How Laws are Abused to Protect Commercial Rights to Major Sporting Events', it is evident which side of the argument Andre Louw, the author of this excellent and well-researched study, finds himself on.

Louw, the first person in South Africa to be awarded a Doctorate in Sports Law and the first person to undertake a comprehensive and critical review of the subject of this Book, is very much against elaborate legal measures being taken against 'Ambush Marketing' not only in the venues themselves, but also in the areas...