Ambush Marketing and Brand Protection: Law and Practice

Hardcover | December 15, 2011

byPhillip Johnson

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Ambush marketing is any attempt to create an unauthorised or false association with an event thereby interfering with the legitimate contractual rights of the event's official marketing partners. Looking at both traditional intellectual property rights (such as trade marks, copyright anddesigns) as they relate to sporting events, and event-specific legislation (such as that of the Olympics), this book gives comprehensive and detailed coverage of ambush marketing. Also considered are the areas of law which can be used to prevent ambush marketing by intrusion (such as laws to preventfly postering, street trading, the placing of posters and billboards, and control of aerial space). With the United Kingdon hosting three major events; the Olympic and Paralympic Games in 2012; the Commonwealth Games in 2014; and the Rugby World Cup in 2015, this new edition provides a timely andtopical update on the area. A materials section is included providing 'ambush marketing' specific legislation both in the UK and other countries.

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Ambush marketing is any attempt to create an unauthorised or false association with an event thereby interfering with the legitimate contractual rights of the event's official marketing partners. Looking at both traditional intellectual property rights (such as trade marks, copyright anddesigns) as they relate to sporting events, and e...

Phillip Johnson is a barrister specialising in intellectual property law, media law, entertainment and sports law. Formerly, he was a legal adviser to the Patent Office from 2003 to 2007. He is also a Visiting Senior Fellow at Queen Mary, University of London and a Visiting Professor at the Jersey Law Institute. He is presently the Ch...

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Format:HardcoverDimensions:472 pagesPublished:December 15, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199696454

ISBN - 13:9780199696451

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Table of Contents

Part A Ambush Marketing, Concepts, Developments, and Incidents1. Ambush Marketinga. Introductionb. A Free Spectaclec. The Sponsorship Marketd. Guerilla Marketinge. What is Ambush Marketing?f. Types of Ambush Marketing2. The Evolution of Ambush Marketing Lawsa. Introductionb. Constitutional Restraintsc. Effectiveness of Ambush Marketing Lawsd. Policy Controle. Whither Ambush Marketing Law?Part BAmbush Marketing: United Kingdom and European Law3. Trade Marks and Merchandisinga. Introductionb. The Registration of Marksc. Objections to Registrationd. Use and Non-Usee. Infringementg. Criminal Infringementh. Special Protection for Certain Signs4. Passing Off, Copyright, and Decisions and Related Rightsa. Introductionb. Passing Offc. Copyrightd. Designse. Libel and Malicious Falsehoodf. Company Namesg. Domain Names5. Symbols and Emblemsa. Introductionb. The Olympicsc. Protection of the Olympic Symbols in the United Kingdomd. The Original Exceptionse. The Present Exceptionsf. Criminal Infringement6. Sui Generis Protection against Ambush Marketing By Associationa. Introductionb. The Rightc. Infringementd. Authorized Users and Consente. Exceptions to Infringement7. Licensing, Broadcasting, and Exhaustiona. Introductionb. Contracts, Licences, and Consentc. Co-Existenced. Exhaustione. Broadcastingf. Conditions on Official Sponsors8. Advertising and Trade Regulationa. Introductionb. Fraudc. Misleading Advertising for Tradersd. Consumer Protectione. Self-Regulationf. Street Advertisingg. Street Tradingh. Aerial Advertising9. Selling Tickets or Using them for Promotional Purposesa. Introductionb. Ticket Conditions-Contractc. The Criminal Offenced. Competition Law10. Civil and Criminal Proceedings and Border Controla. Introductionb. Civil Enforcementc. Border Controld. Criminal Enforcemente. Avoiding the Need to EnforcePart CAmbush Marketing: Laws around the World11. Australia12. Canada13. New Zealand14. South Africa15. United States