Attorney Cautions Against Ambush Marketing

Myers Fletcher & Gordon (MF&G) attorney Danielle Stiebel delivered an engaging presentation titled: "Ambush Marketing" at a recent Wednesday Morning Breakfast Seminar hosted by the Jamaica Chamber of Commerce (JCC) and MF&G, at the New Kingston Conference Centre.

The young attorney explored instances where sponsors may be the ambushed or the ambusher, and described ambush marketing as "a promotional tactic designed to associate a company, product or service with a particular event, or to attract the attention of people attending the event, without payment being made for an official sponsorship."

While ambush marketing can be seen as a clever marketing strategy, she emphasised the negative effects that impede on the rights of sponsors and other corporations which are victims of such acts. She discussed the legal remedies available, focusing on passing off/trademark infringement, unfair competition-false/misleading advertisement, and event specific legislation.

Stiebel cautioned that marketers while being creative in their campaigns must avoid infringing various event players' rights. In like manner, she said that in order to safeguard against ambush, sponsors must prepare well drafted sponsorship agreements that adequately protect their rights and provide for sufficient remedies in the event of breach. She also emphasised the need for organisers/promoters to be more vigilant in protecting sponsorship rights through proper protective and enforcement measures.