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An ambush is a surprise attack carried out by people lying in wait in a concealed position. The concealed position itself or the concealed person(s) may also be called an "ambush". Ambushes as a basic fighting tactic of soldiers or of criminals have been used consistently throughout history, from ancient to modern warfare.
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Actions against ambush advertising are most common in sport (where major events such as the FIFA World Cup, Olympic Games, and the Super Bowl are prominent targets), as the practice can devalue and dilute exclusive sponsorship rights, and in some cases, infringe upon the organizers' intellectual property rights. Such actions may include restricting advertising in "clean zones" around an event site, removing or obscuring references to non-sponsors at venues, and requiring host countries to pass laws to grant the organizer legal rights to enforce clean zones, and to restrict the use of specific words and concepts to create unofficial associations with the event.
Most forms of indirect ambush marketing involve a non-sponsor making use of imagery, themes, and values similar to what the event and campaigns from official sponsors express, either positively or negatively, and without making specific references to the event itself or its trademarks. In essence, the advertiser markets itself using content that evokes a mental association with the event, and as a result, appeals to those who are aware of the event.[6][1] Advertisers may use a well-known nickname for the event that is not a trademark, such as "the big game".[7]
Similarly, a non-sponsor may use "distractive" techniques to divert consumers' attention away from the actual event and its official sponsors using similarly indirect means; for example, a non-sponsor may saturate the area at or around its venue (including street vendors, billboards, and public transport) with a competing marketing presence. Such "saturation marketing" may either be indirectly related to the event, or be incidental and make no references at all. In some cases, a company may sponsor or create a similar "parallel property," designed to compete directly with a major property by evoking similar thematics.[1]
In some cases, a venue may be required to suspend its naming rights for the duration of the event if the venue is named for a concern that is not an official sponsor, during which it is referred to under a generic name by all event-related materials and telecasts, and all signage referring to the sponsored name may be obscured or removed.[13] For example, 2010 Winter Olympics hockey venue General Motors Place (since renamed to Rogers Arena) was renamed "Canada Hockey Place" for the duration of the Games.[14]
Broadcasters of events may be contractually required to give the official sponsors right of first refusal to purchase advertising time during their telecasts.[1][15] Some events may require all advertising time to be controlled and allocated by the organizer itself, such as the UEFA Champions League.[6]
The earliest example of general anti-ambush advertising legislation were passed in South Africa in 2001 in preparation for the 2003 Cricket World Cup. The law gave the Minister of Trade and Industry the ability to designate specific events as "protected," making it illegal to use the event's trademarks visually, audibly, and "in promotional activities, which in any way, directly or indirectly, is intended to be brought into association with or to allude to an event," to "derive special promotional benefit from the event," without the consent of the organizer.[13] Prior to the 2011 Rugby World Cup, New Zealand passed the similar "Major Events Management Act," which prohibits any promotional use of words, emblems, and concepts implying association with events specifically designated as "major" by the national government, without permission from the event's organizers. The law also provides the ability for clean zones to be established around event sites for the purposes of enforcing advertising rules and providing crowd control.[16][17][18]
Rule 40 of the Olympic Charter forbids all Olympic athletes from participating in marketing activities for companies that are not official sponsors of the Olympics, even if they have official relationships with the advertiser, during a timeframe that begins 9 days before the opening ceremony, and ends 3 days after the Games' conclusion.[19]
The United Kingdom passed the London Olympic Games and Paralympic Games Act 2006 prior to the 2012 Summer Olympics: on top of existing laws providing special protection for Olympic symbols, the act banned the use of the words "2012" and "Games" by non-sponsors, either together, or with words or concepts relating to the event, such as "Gold," "Silver," "Bronze," "Medals," "Summer," "Sponsors," or "London," to imply an association with the Games. LOCOG also announced plans to enforce these rules in the internet keyword advertising market.[20][21]
The first notable instances of ambush marketing occurred between the 1984 Summer Olympics in Los Angeles, and the 1988 Summer Olympics in Seoul.[6] Earlier Games allowed any number of companies to be official sponsors, and there were a record 628 sponsors for the 1976 Summer Olympics in Montreal. Despite the revenue it provided for the Games, the ability for sponsors to promote awareness of themselves within the context of the Games was diluted by the sheer number.[6][22] In order to improve the value of these sponsorships, the International Olympic Committee implemented a system of exclusive sponsorship rights within specific market categories for the 1984 Summer Olympics.[6]
In the 1992 Summer Olympics, while the United States Olympic team was sponsored by Reebok, most of the prominent players on the United States men's Olympic basketball team had been signed up by Nike as professionals. At the podium ceremony Michael Jordan famously covered up the Reebok logo with the American flag.[6]
At the 1996 Summer Olympics, Nike engaged in a marketing campaign including magazine ads and billboards, to compete with Reebok who had paid $50 million to become the event's official sponsor. Nike gave a $30,000 pair of gold-colored racing shoes to Michael Johnson, which he used during competition and later displayed on the cover of Time magazine. Consistent with its aggressively-toned marketing of the time, Nike's campaign featured slogans parodying those of the Olympics and attacking its values, including "Faster, Higher, Stronger, Badder", "You don't win Silver, you lose Gold", and "If you're not here to win, you're a tourist." Nike set up a prominent pop-up store near the athletes' village, and was also attempting to have fans to display signs with the aforementioned slogans inside venues. IOC marketing director Michael Payne noted that the campaign was being widely criticized, as athletes were "likely to be uncomfortable when their shoe sponsor says they have failed unless they win a gold medal", and that Nike was "crossing the very fine line between having an impact and biting the hand that creates tomorrow's heroes." Jim Andrews, a marketing executive, said "Nike took a lot of flack for that campaign. It wasn't in the spirit of the games. There's a lot of consumer love for the Olympics and the athletes, and that [marketing] just crossed the line for a lot of people." Payne and the United States Olympic Committee's marketing director John Krimsky held a meeting over the campaign with Howard Slusher, a subordinate of Nike co-founder Phil Knight. The meeting quickly turned aggressive; Payne threatened IOC counter-measures, including pulling accreditation for Nike employees, banning the display of its logos on equipment, and organizing a press conference where silver medallists from the Games, as well as prominent Nike-sponsored athlete Michael Johnson, would denounce the company. Faced with these threats, Nike agreed to retract most of its negative advertising and PR stunts.[6]
At the 2020 Summer Olympics, during the medal ceremony the Brazil men's Olympic football team players did not fully wear the Brazil's official Olympic uniform provided by Chinese manufacturer Peak Sport, sporting only the pants while the jackets were tied around their waists. The players wore their Nike jerseys on the podium, apparently under orders from the Brazilian Football Confederation, as Nike sponsors their football teams. Other Brazilian athletes complained that the football players were not part of the Olympic team.[28][29] Peak Sport voiced concern that Nike could be confused as one of its subsidiary brands.[30]
Nike also performed saturation ambushes at UEFA Euro 1996 and the 1998 FIFA World Cup, by buying advertising space in the vicinity of the host venues in order to prevent the official sponsors (Umbro and Adidas respectively) from being able to promote themselves. Nike's actions influenced the eventual adoption of "safe zone" rules, requiring official sponsors to have exclusive use of all advertising locations within a certain radius of an event's venue.[6]
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