Ambush Marketing and big sporting events – crying over spilt beer?
Posted by scott on June 16th, 2010For the second World Cup running Dutch beer company Bavaria have succeeded in becoming the brand everyone is talking about at the tournament. It seems this time around the company gave out lots of free tight fitting orange dresses to female Dutch fans prior to the game with Denmark and also allegedly paid 36 very attractive women to wear the dresses and stand together during the match cheering on the Dutch team. Unbelievably the Cameramen (and yes they still pretty much all are still men) found these attractive women in the crowd and cut to them on several occasions.
I saw it with my own eyes and besides admiring the young ladies talents, didn’t think anything of it. Bunch of woman dressed in Orange - the colour the natonal team play in - at a Dutch football game? I expect to see that. If you were a serious Dutch beer fan you might have picked up on the beer angle, though even that’s doubtful, but anyone else?
FIFA however also saw something totally different. They obviously cast their mind back to the last World Cup in Germany when Bavaria had handed out lots of orange lederhosen to fans – resulting in one set of fans being forced to either miss the game or stand in their underwear after being told they could not enter the ground in the lederhosen. Also it appeared that the tickets the ladies were using – which were close to pitch side - had come from an allocation given to ITV pundit Robbie Earle for friends and family. Earle has been sacked by ITV over the issue.
FIFA would be taking their action on behalf of the official beer sponsor Budweiser, who are the only beer brand allowed to advertise within FIFA venues.
The question of Ambush Marketing has been a major IP issue over the last decade or so, and understandably so. Big sporting events such as the Olympics, and the World Cup get much valued sponsorship money from big brand owners to be associated with such events – these rights do not come cheaply, and it is hard to argue that these sponsors should not be given some level of protection for that financial outlay which is often key financing in allowing the events to actually take place. However the manner in which this is achieved is often seem as heavy handed or misplaced.
In South Africa, there has been legislation covering ambush marketing since before the 2003 cricket World Cup took place. I particular, the South African Trade Practices Act (as amended) prohibits ambush marketing by association, and article 15a of the South African Merchandise Marks Act (as Amended) stipulates that:
“For the period during which an event is protected, no person may use a trade mark in relation to such event in a manner which is calculated to achieve publicity for that trade mark and thereby to derive special promotional benefit from the event, without the prior authority of the organiser of such event.
…the use of a trade mark includes( a) any visual representation of the trade mark upon or in relation to goods or in relation to the rendering of services; (b) any audible reproduction of the trade mark in relation to goods or the rendering of services; or (c) the use of the trade mark in promotional activities, which in any way, directly or indirectly, is intended to be brought into association with or to allude to an event.”
However, for the most part it is left to the Advertising Standards Authority to regulate, through their Advertising Code and Sponsorship Code.
Section 3.7 of the Sponsorship code states:
“The attempt of an organisation, product or brand to create the impression of being an official sponsor of an event or activity by affiliating itself with that event or activity without having paid the sponsorship rights-fee or being a party to the sponsorship contract.”
Additionally under the Sponsorship rules and provisions in Section 10 which “apply to all categories of sponsorship, parties to sponsorship and sponsorship practices, without exception” is adds that “A product or logo that is not directly associated with the sponsor of the event, activity, team, individual or organisation may not be visibly used or displayed during the [sponsored] event.”
In the current case this is particularly interesting as Peer Swinkels, Marketing Director of Bavaria beer, denying his company had done anything wrong stated that “The Dutch people are a little crazy about orange and we wear it on public holidays and events like the World Cup. We put no branding on the dress and FIFA don’t have a monopoly over orange.” This contrasts to the position in Germany, where their logo was visible on the orange lederhosen.
Which brings us to the question of who has won. Whilst I am sure FIFA feels the need to be vigorous in being seen to defend its official sponsors, whether the arresting of some of the ladies involved does anything to enhance the brands you’re protecting is another question. Meanwhile, the people at Bavaria beer must be sat with huge smiles on their faces as FIFA’s actions have brought global press coverage to something that should frankly have just been ignored. Add to that the question of did Bavaria actually break the law, which seems at best questionable and we get:
Final Result: It’s Germany all over again: Bavaria Beer 1 FIFA World Cup 0.
UPDATE: According to euFootball.biz, two of the women have now been charged with breaching the Merchandise Marks Act and FIFA’s head of media Nicolas Maingot has said: “FIFA has filed charges against the organisers of the ambush marketing stunt.”
And the prize for giving the story yet more oxygen? Anyone talking about the ‘official’ beer of the tournament? Nope.
Bavaria Beer 2 FIFA World Cup 0
Recent Comments