1. Mini Law Lesson: Can a Brand
“Ambush” March Madness
Brian Heidelberger
Winston & Strawn
bheidelb@winston.com

2. IMPORTANT DISCLAIMER
• This is not legal advice.
• I am not your attorney.

3. What is Ambush Marketing?
“Trading off of the good will of
an event without being an
official sponsor.”

4. What is the Law?
• misuse of a symbol or device;
• which is likely to confuse consumers
as to the plaintiff’s sponsorship or
approval of the product in
commerce.

5. So What Can a Brand Do?

6. Tactics: Avoid Use of Trademark

7. Risks?
• Avoiding use of trademarks doesn’t mean that
you are clear
• Final Four® and “March Madness®
• “Media/news entities do not need written
consent to use NCAA marks/logos for editorial
content in coverage of NCAA events.”
• NCAA Policy prohibits use of “display of any
commercial identification within an NCAA
championship bracket”

8. Tactics: Give Away Tickets
• “Win Tickets in the Coors Light Tourney Time
Sweepstakes”
– 2001 Coors Promotion

9. Risks?
• Back of tickets have a license which
states, in effect, “may not be given away
for promotional purposes”
• Just b/c you can buy ‘em doesn’t mean
you can give ‘em away in promotion
• NCAA policy rejects use of tickets w/out
permission.

10. Tactics: Giveaways to Attendees

11. Risks?
• Football World Cup, Dutch
brewer, Bavaria, gave away garish orange
lederhosen displaying its name to hundreds of
Dutch supporters attending the match against
the Ivory Coast.
• Budweiser was the official beer.
• Stewards at the match ordered the fans to
remove the garments before letting them in.

12. Tactic: Use Disclaimer
“This Ad Is Only Sponsored by
Us and No Third Party”

13. Risks?
• Disclaimers are not always accepted by a
court as effective
• Disclaimer likely won’t fix an ad which is
confusing on its face
• Disclaimer is only as good as the clarity
of the ad and the disclaimer’s
prominence.

14. Tactics: Sponsor Athlete

15. Risks
• May be prohibited/restricted by
sanctioning body
• Olympic Rule 40
–Athletes are not allowed to appear in
non-Olympic sponsored ads before and
during the Olympics
–Could cause athlete to be stripped of
his/her medal, sanctioned or fined.

16. More Videos?
Search Adage.com; or
Go to youtube.com/BrianHeidelberger
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