Ambush Marketing In India: Rethinking Trademark Law And Sponsorship Exclusivity
- IJLLR Journal
- Nov 21
- 2 min read
Monisha P., B.A. LL.B. (Hons.), School of Law, SASTRA Deemed University, Tamil Nadu
ABSTRACT:
Ambush marketing has become a recurring concern in India’s sports and entertainment industries, especially where high-value sponsorship for cricket and other mega-events are involved, Although sponsorships are central to event financing, Indian law continues to rely on the Trade Marks Act, 1999 particularly sections 29,30 and 135 alongside the common law tort of passing off to regulate ambush practices. The Delhi High Court acknowledged ambush marketing in the case ICC Development (international) Ltd. V. Arvee Enterprises (2003), but declined to protect generic terms such as “World Cup,” highlighting the inadequacy of trademark law in addressing indirect associations. Similarly, reliance on misrepresentation and consumer confusion doctrines have been ineffectual against campaigns that use suggestive associations without direct trademark use. The doctrine of dilution under Section 29(4), though relevant in cases of unfair advantage and detriment to repute, has not seen significant judicial development in the context of ambush marketing. Moreover, emerging forms of ambush on social media, search platforms, and influencer marketing, as well as the measurable financial harm to sponsors, remain largely unaddressed in Indian scholarship. However, some countries, such as the UK (London Olympic Games Act, 2006), New Zealand (Major Events Management Act, 2007), and South Africa (Merchandise Marks Act, 2002), have put in place protections that are specific to events, This paper proposes a custom legal framework for India that strikes a compromise between sponsor rights and article 19(1) (a) free trade and commercial communication while engaging with the broader dialogue on balancing the repudiated advertising practices.
Keywords: Ambush marketing; unfair competition; passing off; Sports law; Trade Marks Act, 1999; Event-Specific Legislation; Advertising Ethics; Consumer Confusion; Trademark Law; Sponsorship Exclusivity.
