Consequently, all of these partners have signed a contract with the event organizers granting them, in exchange for a financial and/or material contribution, the right to publicize this partnership by using the name and symbol (particularly the logo) of the sponsored entity. Thus, it is common in sponsors’ advertisements, press releases, or poster campaigns to feature the World Cup logo alongside the brand’s logo at the end of a commercial.
However, major international events also provide opportunities for non-partner brands to capitalize on the excitement generated by these major gatherings. This practice is known as “ambush marketing” (or “ambush sponsorship” or “pseudo-sponsorship”). The Paris Court of Appeals defines this practice as: “An advertising strategy implemented by a company to associate its commercial image with that of an event and thereby benefit from the media impact of said event without paying the relevant fees and without having obtained prior authorization from the event organizer.”
For example, in a case heard by the Paris Court in 2020, the association that organizes the Cannes Film Festival sued one of France’s largest luxury brands for copyright and trademark infringement, as well as for parasitic competition, citing ambush marketing practices. In particular, the brand was accused of highlighting Instagram Stories featuring its brand ambassadors on the red carpet. According to the organizers, these posts could lead people to believe that the brand was an official partner of the famous film festival.
Nevertheless, it is entirely possible for non-partner brands to capitalize on a major event without directly using the brand or intellectual property associated with that event—provided they demonstrate creativity and originality!
Several strategies are possible in this case:
In the first scenario, the non-official sponsor partners with the media outlet that provides the most extensive coverage of the event in question. For example, the home security brand Homiris is a partner of TF1, which is the official broadcaster of the Rugby World Cup, but not of the event itself. This strategy creates an interesting level of confusion for Homiris, since its brand appears just before the matches resume, alongside the partner brands of the original event.
A second strategy for non-official advertisers is to occupy all available advertising space surrounding the event. For example, during the Rugby World Cup, TF1 is the official broadcaster; it may be particularly advantageous for a brand seeking visibility and a connection to the event to purchase as many ad slots as possible during the broadcast of the matches—and, if possible, the first or last ad slot in each commercial break. Similarly, the “pseudo-sponsor” can purchase all remaining media space (such as billboard campaigns around stadiums).
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Third, a non-official sponsor has the option of partnering with a celebrity associated with the event: Take, for example, Adidas, which is running an advertising campaign featuring three of its brand ambassadors—players on the French national rugby team—even though the official sponsor of the French national rugby team during the World Cup is a competitor, Le Coq Sportif.
A fourth strategy involves non-official sponsors tailoring their communications to the circumstances in order to suggest an association with the event. The example of the Hippopotamus restaurant chain illustrates this strategy well. The restaurants are staged—from the storefronts to the plates—to celebrate the event. At the same time, five French and international rugby players are serving as brand ambassadors on Instagram as part of a contest.
Finally, as a last strategy, non-official advertisers can capitalize on unprotected elements: for example, a company is perfectly free to use words, colors, images, or symbols related to the event in question to promote its activities. For example, the Jägermeister brand explicitly announced that it was adopting the colors of France during the Rugby World Cup in order to “ride the wave” of that event.
Moreover, the Paris Court of Appeals, in its statement defining ambush marketing practices in connection with the Cannes Film Festival, clearly stated that the use of terms such as“7thart” or“Cannes”in promotional communications is, in and of itself, perfectly lawful.
Companies that engage in this type of diversion or circumvention of official sponsorships aim primarily to capitalize on the values promoted and the enthusiasm generated by the events, hoping to benefit from a transfer of these elements to their brand. However, if these pseudo-sponsorship actions are exposed, the general public’s reaction tends to be negative.
A study published in 2010 showed, in particular, that the disclosure of this type of practice negatively affects the perceived integrity, emotional evaluation, and purchase intention regarding the unofficial partner brand. Furthermore, the more individuals are involved in the event, the more negatively these factors are perceived.
So be careful not to end up with a communication and image outcome that’s the opposite of what you hoped for!
