Ethical Implications Of Ambush Marketing: Where Should Law Draw The Line?
- IJLLR Journal
- 13 hours ago
- 2 min read
Megan Anjali Carvalho, CHRIST (Deemed to be University)
ABSTRACT
This research paper examines the controversial practice of ambush marketing to determine whether it can be considered a legitimate business strategy or an unethical exploitation of the market dynamics. Ambush marketing is when a brand either directly or indirectly seeks to associate itself with an event without availing sponsorship rights, for some exploitable commercial advantage. While this marketing allows the brand to gain visibility at low costs, it raises concerns regarding fairness, the protection of intellectual property rights, and the integrity and sanctity of sponsorship agreements. The paper critically evaluates ambush marketing by delving into the legal and ethical implications associated with it, particularly in the context of large- scale sporting and cultural events. It underscores the adverse effects that ambush marketing may have on various stakeholders, such as official sponsors, who invest substantial sums of money in order to acquire exclusive promotional and advertising rights, event organizers who rely on sponsorship to fund their events, and consumers who are misled by such marketing. It explores how such practices undermine the fundamental purpose and objectives of sponsorship agreements. A central focus of the paper is the absence of specific legislation regulating ambush marketing in India, leading to ambiguity in distinguishing between lawful competitive advertising and deceptive marketing tactics and practices. Employing doctrinal research, the paper explores whether existing laws, such as the Trademarks Act, 1999, and Copyright Act, 1957, provide sufficient protection and remedies to official sponsors against the challenges posed by ambush marketing. The study further assesses the need for specific legislation to safeguard the rights of event organizers and official sponsors while ensuring fair competition and balance in the market. It further emphasizes the necessity for a comprehensive legal standard to clearly define and regulate ambush marketing practices, to ensure a fair balance between commercial free speech, consumer interests, and the economic value of sponsorship agreements.
Keywords: Ambush Marketing, Sponsorship Rights, Intellectual Property Rights, Unfair Competition, Copyright Act 1957, Trademark Act 1999, Opportunistic marketing
