Ambush marketing is likely to become increasingly relevant in the Middle East as the region attempts to establish itself on the international sporting stage.

Ambush marketing is exactly that, a surprise assault by one party on the rights of another through targeted marketing activities. At its simplest, ambush marketing may involve one trader turning up at an event sponsored by a competitor and handing out free products to attendees, leading to a lessening of the benefit (and value) the competitor derives from the sponsorship.

As regulation of these types of activities has increased, so has the creativeness of the ambush. Brand owners now spend millions of dollars developing sophisticated campaigns, based on detailed legal advice that may go as far as suggesting not only the safest wording and imagery, but also the location of punctuation and size of font so that marketing campaigns can derive the maximum benefit from world-renowned events while minimising the risk of a claim by official sponsors, organisers or government agencies. To counter this, the governing bodies responsible for deciding who will play host to major events are increasingly requiring potential hosts to commit to robust protection of their and sponsor’s rights surrounding those events.

Some countries have adopted general legislation designed to adapt to changing needs and varying events (such as South Africa’s Merchandise Marks Act 17 of 1941, which allows an event to be designated as protected, as is the case with the 2010 FIFA World Cup. Others have opted for the specific approach (for example the UK’s London Olympic Games and Paralympic Games Act 2006) with legislation that is targeted at a single event.

Carrying the torch
The UAE is moving to increasing prominence on the international sporting stage. The region is also active in the sponsorship arena, with Emirates and Etihad two high-profile sponsors of football, rugby union and cricket events and teams. With all of this activity and a number of advertising and creative agencies in the UAE actively promoting services relating to ambush marketing, it is somewhat surprising that the UAE has no specific ambush marketing regulation.

There is precedent in the region with the local authorities in Doha actively supporting organisers of the 2006 Asian Games in policing attempts to ambush during that event. This is not to say it is open season for the ambushers in the UAE. Organisers and sponsors who have become used to detailed protective legislation will need to take a step back and consider a number of different laws.

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