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6 July 2015Trademarks

Wimbledon serves up ambush marketing warning

Wimbledon bosses have warned spectators that they will take a “firm stance” against ambush marketing and said there has been a spike in cases of advertising material being handed to guests in the queue.

The tennis championship, known for its strict advertising policy and all white dress code, said that over the years there has been a “sharp increase” in free and unauthorised commercial material being given to people queuing to get into the grounds.

According to organisers this material typically consists of sun huts, radios, rain capes, umbrellas and other items that are “all bearing heavily branded commercial messages”.

“It is an issue on which the Olympics, the Masters Golf at Augusta and many international sporting events have had to take a firm stance by confiscating such branded items at entry point,” the organisers said.

“We feel a similar approach is justified and will either temporarily confiscate those items which we know or have reason to believe are part of an ambush marketing campaign, or refuse entry to spectators who are not prepared to surrender such items.”

Ambush marketing occurs when companies try to advertise or promote around an event they are not sponsoring. Event organisers typically need to deter ambushers in order to protect investments from official sponsors, whose (trademarked) brands can be seen prominently at the event.

Wimbledon, the second week of which gets underway today, July 6, is the third of four ‘Grand Slam’ tennis events that take place every year.

It is known for its lack of major sponsorship, although the tournament has a few long-term sponsors including luxury watch company Rolex and sports brand Slazenger.

In addition, players must wear all white and keep branding to a minimum.

Alex Kelham, managing associate at law firm Lewis Silkin, said that Wimbledon’s organisers do a good job at protecting what is “at first blush an easy target to ambush”.

Kelham added that although Wimbledon officials can police ambush marketing by ensuring that spectators do not bring "overtly commercial" items into the grounds, existing laws are of “limited assistance” in stopping brands undertaking promotional activities outside the grounds.

She said: “The law of passing off is also a potential weapon in the armoury against ambushers, so brands thinking of jumping on the bandwagon and running Wimbledon-themed advertising without authorisation should be cautious.

“It will be interesting to see whether Wimbledon embraces technologies such as digital replacement advertising in the future. This could allow the ‘clean’ image of the championship to be maintained at the grounds themselves, while adding advertisements digitally to broadcasts around the world," she added.

“But given the seriousness with which it protects the ‘clean’ image of the event," she continued, "it seems more likely that action will be taken to ensure technology is not used to ruin the carefully controlled image.”

Wimbledon’s organisers added that they have “no issue” with spectators who bring their own branded food and beverage into the grounds or if they wear branded clothing with no obvious “ambush” potential.

Wimbledon runs until July 12.

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