By Andre M. Louw
This booklet undertakes a severe exam of industrial rights to activities mega-events (focusing on sponsorship), the exclusivity of such rights and the felony implications of the trendy mega-event sponsorship version. It examines ambush advertising of occasions and the law’s remedy of ambushing (specifically within the type of sui generis occasion laws) in a assessment 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 family laws. It severely examines the legitimacy of such advertisement rights safeguard by way of using legislation within the context of permitted rules of highbrow estate legislations, festival legislation and human rights legislations. in particular, it questions the legitimacy of the construction of statutory ‘association rights’ to mega-events, and considers power destiny advancements in admire of the law’s remedy of mega-event commercialisation. important 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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Additional resources for Ambush Marketing & the Mega-Event Monopoly: How Laws are Abused to Protect Commercial Rights to Major Sporting Events
The final section of the chapter will examine (again, very briefly) how sponsorship works, and will then focus on a central concept in the evaluation of the legality of ambush marketing and of the law’s responses to it, namely sponsorship exclusivity to events. The legal implications of such exclusivity will be further examined in Chap. 6. Chapter 3 will provide, as background for the later chapters, a largely descriptive overview of the definitions and practices of ambush marketing and of the legal bases for protection available to sports organisations and their commercial partners.
Examples of the excesses that have been experienced with the influx of money in sport abound. Cynical observers may feel that commercialisation appears to be making a mockery of the ‘sacred trust’ which has traditionally formed the basis for sports governing bodies’ trusteeship over sporting codes,6 and big money has also contributed significantly to the increased scrutiny of the activities of such organisations by the media and others. Amidst the allegations of greed and corruption that have so frequently been levelled at those at the very top in the largest and most elite of these bodies,7 I hesitate to express a view on the morality or otherwise of the ever-increasing role of money in sport.
Where relevant and required I have The Style and Approach of the Book 17 attempted to then include some discussion of particular aspects of other specific events that may be meaningful in respect of the subject and the process of evaluating the relevant laws and legal responses to ‘ambushes’ or other such (perceived) threats to commercial interests of the stakeholders in these events. The second disclaimer relates to the jurisdictions covered in the book. Given more time and scope I would have loved to include a separate chapter on each of the jurisdictions relevant to the discussion, where I could examine the common law, legislative and other bases for protection of commercial rights to mega-events specific to the relevant systems.
Ambush Marketing & the Mega-Event Monopoly: How Laws are Abused to Protect Commercial Rights to Major Sporting Events by Andre M. Louw