Ambush Marketing & the Mega-Event Monopoly: How Laws are by Andre M. Louw

By Andre M. Louw

This publication undertakes a serious exam of business rights to activities mega-events (focusing on sponsorship), the exclusivity of such rights and the felony implications of the fashionable mega-event sponsorship version. It examines ambush advertising of occasions and the law’s therapy of ambushing (specifically within the kind of sui generis occasion laws) in a evaluation of 10 significant jurisdictions chosen at the foundation of the significance of the occasions they're to host within the close to destiny or have hosted lately, and the correct household laws. It significantly examines the legitimacy of such advertisement rights safeguard through using legislation within the context of permitted ideas of highbrow estate legislation, festival legislation and human rights legislations. particularly, it questions the legitimacy of the production of statutory ‘association rights’ to mega-events, and considers capability destiny advancements in admire of the law’s remedy of mega-event commercialisation. priceless for practitioners and teachers (in the fields of sportslaw/sponsorship/marketing/intellectual estate law); activities directors (sports governing bodies); company sponsors of activities and different occasions; power mega-event host governments and law-makers; civil rights organisations.

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5. As it has been put, succinctly, in the American context: ‘Both patent and copyright law limit competition and therefore increase or at least stabilize prices for a product or service. Patents and copyrights are the only constitutionally mandated monopolies, created with the recognition that unfettered competition would drain creators of their financial incentive to create’. Vaidhyanathan 2003, p. 87 29 The International Olympic Committee of the 1970 s, for example, has been described as an organisation ‘with an extremely limited product increasingly in global demand’—see Magdalinski and Nauright 2004, p.

16 Of course, recent events appear to have overtaken the world’s most well-known golfer, as sponsors dropped him like a hot potato following his marital infidelity scandal, and it appears that ‘Tigergate’ may forever change the way sports sponsors approach the athlete endorsement brand. com boom. Burton and Chadwick18 provide some figures on sponsorship growth in the past 20-odd years. They state that global sponsorship spending in 1984 (an auspicious year, as we will see) amounted to approximately USD 2 billion.

Consequently, they have no permanent and uniform organisational structures; usually they are established some years preceding the event and cease following it.

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