Special Feature: Negative Effect of Ambush Marketing on Sport Assets (Part 2)
By Andrew Ekejiuba
One of the most persistent challenges sports assets face globally is how best to curb the activities of ambush marketers. As the name implies, ambush marketing is a parasitic promotional strategy in which an advertiser “ambushes” an event to compete for visibility against official sponsors.
Another school of thought describes ambush marketing as a tactic through which a company aligns itself with a major event, such as the Olympics, the FIFA World Cup, or leading football leagues, without paying the official sponsorship fees, thereby diverting attention from legitimate sponsors.
This is often achieved by “piggybacking” on an event’s popularity through clever but unofficial advertising techniques, such as sponsoring athletes, hosting fringe events, or running themed campaigns that create a false sense of affiliation.
Numerous high-profile examples across global sport illustrate the harmful effects of this practice, hence the need for this second part of this subject matter.
Fundamentally, ambush marketers operate by creating a commercial link to an event without acquiring the rights. They target large and widely viewed sporting events, and they gain visibility through the backdoor by capitalizing on the event’s audience, prestige, and goodwill.
Typical methods include sponsoring participants, staging promotional activities near official venues, hosting event-themed parties, or deploying aggressive social media tie-ins.
However, the dangers associated with ambush marketing are substantial, legally, ethically, and commercially. These practices undermine the exclusivity purchased by official sponsors and can mislead consumers regarding the authenticity of a brand’s connection to the event.
In many jurisdictions, including Nigeria, these actions may constitute trademark infringement or unfair competition, exposing offending companies to litigation, regulatory sanctions, and reputational damage.
Ambush marketing manifests in several forms, each carrying different levels of legal and ethical exposure:
1. Direct Ambush Marketing: Explicitly attempting to associate with an event, often by infringing on trademarks or protected intellectual property.
2. Predatory Ambushing: Intentionally attacking or overshadowing a competitor’s official sponsorship to divert attention.
3. Trademark Infringement: Unauthorized use of official event logos, names, symbols, or slogans.
4. Self-Ambushing: When an official sponsor exceeds its contractual rights by engaging in additional promotional activities not permitted under the sponsorship agreement.
5. Indirect Ambush Marketing: Subtle tactics that evoke the event without using protected IP or claiming sponsorship.
6. Ambush by Association: Using imagery, themes, colours, or cultural cues that create an implied link to the event.
7. Values Ambushing: Aligning a campaign with the broader values or themes of an event ((e.g., female empowerment during a major women’s sporting event)) to create emotional association.
8. Intrusion/Distraction: Executing marketing activities or placing advertisements in or around designated “clean zones” to capture attention that should rightfully accrue to official sponsors.
In summary, the most effective way to avoid the legal and reputational risks associated with ambush marketing is for brands to engage transparently and invest in official sponsorship arrangements.
Whether for major properties such as the Nigeria Premier Football League (NPFL) or the President Federation Cup (PFC), authentic sponsorship ensures compliance with trademark and intellectual property laws and promotes a fair commercial environment.
Companies that attempt to leverage events through ambush tactics often face litigation, financial penalties, and long-term damage to corporate credibility.
Ekejiuba is the Director of Communications GTI Assets Management And Trust Limited
