Bavarian Blondes Don’t Need a Visa: A Comparative Law Analysis of Ambush Marketing

Abstract

This Article describes the problem of ambush marketing: the act of attempting to associate
with an event without buying the rights to do so. From the perspective of the organizers and
sponsors, the problem is significant. More than $100 billion is spent annually on purchasing
sponsorship rights and the associated promotions. For companies that have not paid for such rights
to be able to imply an association with these high-profile events dilutes the value of that sponsorship.
Despite the size of the problem, however (and except for the special coverage many countries afford
Olympic activities), there is little legal protection against all but the most blatant marketing
encroachment. This Article examines the problems and legal approaches from countries in the
European Union, North America, and Oceania, including the United States, Canada, the United
Kingdom, Germany, and Australia.