Major sporting events bring together not only the world's finest athletes competing on the global stage but also brands fighting for the attention of the global audiences they attract. For official sponsors, securing association with events such as World Cups comes at a cost, but some brands who are not sponsors seek to align themselves with the event on an unofficial basis, in the hope of capturing the attention of the same audience at a fraction of the cost. In this competitive landscape, brands must be mindful of ambush marketing and the legal risks of seeking to profit from events where exclusive commercial partnerships are already in place.

What is ambush marketing?

Ambush marketing refers to a brand's deliberate attempt to associate itself with a major event in an attempt to capitalise on its goodwill and consumer base without being an official sponsor. When done effectively, this can result in a brand enjoying some of the commercial benefits of the exposure generated by an event without paying for the rights associated with being an official sponsor. These strategies are commonly targeted at sporting events, such as World Cups, given their global coverage and reputation.

It is useful to distinguish between the forms of ambush marketing, as sometimes techniques are not deployed directly. There are two main forms:

• Direct ambush marketing — A brand may make an explicit, but false or misleading, claim of association with an event. This can be as obvious as using terms or names associated with the event or by claiming to be an “official partner” without authorisation.
• Indirect/association ambush marketing — Here, brands are creating an impression of association without making any explicit claim. They gain exposure at the event, for example by an athlete wearing the brand's kit or by organising an advertising campaign timed to coincide with the event. This can mislead consumers into believing that the brand is associated or connected with the event.

The legal landscape

From a legal perspective, ambush marketing can sometimes tread a fine line between competitive advertising and unlawful misrepresentation or infringement. The applicable legal frameworks vary by jurisdiction, but brand owners should consider the following:

Trade Mark Infringement

Where an ambush marketeer uses a trade mark belonging to an event organiser or official sponsor without authorisation, this may constitute trade mark infringement. 

Passing Off

In some territories, where an ambush marketing campaign creates a false impression of a commercial endorsement, connection, or association with an event or brand, an actionable claim of passing off may arise. 

Unfair Commercial Practices

Regulatory frameworks governing misleading advertising may also be engaged where an ambush marketing campaign misleads consumers about a brand’s commercial affiliation with an event. 

Sporting Events Bill

The Sporting Events Bill was introduced into Parliament earlier this summer and passed its third reading in the House of Lords on 21 July 2026. It aims to establish an overarching legislative framework that can be applied to major sporting events which take place in the UK. Previously the scope had been limited to events that take place in the UK on an irregular basis (e.g. Olympic Games, FIFA World Cup) but it has now been broadened to cover major sporting events that also occur on a regular basis in the UK (e.g. Wimbledon, The Open). The provisions of this Bill place emphasis on preventing ambush marketing – namely, preventing advertising in designated restricted zones and prohibiting those acting in the course of a business to make an “unauthorised association” between themselves and/or their business and the sporting event. A breach of the “unauthorised associations” provisions is intended to be an infringement of a property right. It was announced at report stage that the government intends to publish a major sports events strategy, covering events across all sectors, by spring 2027.  However, for now, the Bill will pass to the House of Commons for the second reading, and the first opportunity for MPs to debate on its main principles. 

Event-specific Legislation

Event organisers and local governments are increasingly legislating against the use of certain trade marks and ambush marketing at events. For example, the legal landscape surrounding ambush marketing took a significant step forward in April 2022, when the Italian Competition Authority issued one of the first decisions under Italian law specifically addressing ambush marketing (Administrative proceeding No. PV 16/2021. For further detail please see here.). Zalando SE, the multinational online fashion retailer, had placed a billboard in Rome, at the site of the UEFA Euro 2020’s official Football Village, asking "Who will be the winner?" alongside football imagery and the national flags of all competing nations. The AGCM found that Zalando had engaged in parasitic advertising in breach of Article 10 of Decree-Law No. 16/2020, imposing an administrative fine of EUR 100,000.

Despite Zalando's defence that the campaign used no official UEFA trade marks and was intended as a social awareness campaign, the AGCM rejected this argument. The authority took the view that, under Article 10 of Decree-Law No. 16/2020, the relevant question was not whether protected marks had been reproduced, but whether the overall impression of the campaign created a misleading association with the event. This was assessed through factors such as its imagery, slogans, timing, and its physical proximity; all of which were capable of suggesting to consumers that Zalando had a sponsorship or commercial relationship with the event. This reasoning was subsequently supported and developed by the Italian Council of State, confirming that marketing campaigns can be unlawful not only through direct references, but also when an indirect association is constructed.

Looking ahead 

Ambush marketing can sometimes capitalise on the goodwill in a sports event, but there are numerous legal pitfalls. Brands should ensure that they do not use any official trade marks or logos without authorisation and avoid any language or references that could imply a misleading connection or association with the event – whether before, during or following the event. Event organisers are dedicating increasing resources to combatting unauthorised ambush marketing, and many will be quick to take action against brands whose marketing campaigns tread the wrong side of the line. 

If you are an event organiser or official sponsor, ensure you have sufficient trade mark protection, partake in pre, during and post event intelligence gathering and monitoring and take swift legal action where necessary.

For further insights, please get in touch with your usual contact at Bird & Bird or refer to the following: https://www.twobirds.com/-/media/new-website-content/insights/pdfs/alert_ambush-marketing.pdf