Ambush Marketing & the Mega-Event Monopoly: How Laws are Abused to Protect Commercial Rights to Major Sporting Events (ASSER International Sports Law Series)

Front Matter....Pages i-xx Introduction....Pages 1-22 The Commercial Monopoly in Sports Mega-Events....Pages 23-90 Ambush Marketing of Sports Mega-Events....Pages 91-157 Harnessing Special Laws to Protect Commercial Rights to Sports Mega-Events....Pages 159-291 Mega-Event Rights Protection and Intellectual Property Laws....Pages 293-414 Mega-Event Rights Protection and Competition (Antitrust) Laws....Pages 415-485 Mega-Event Commercial Rights Protection and Human Rights....Pages 487-555 ‘Jumping on the Brand Wagon’: ‘Association Rights’ and the Thematic Space of the Sports Mega-Event....Pages 557-642 In Defence of the Monopoly?....Pages 643-688 Conclusions....Pages 689-744 Back Matter....Pages 745-761 This Is The First Book To Focus Critically On The Legitimacy Of Legal Responses To Ambush Marketing. It Comprehensively Examines Recent Sports Mega-events And The Special Laws Which Combat Ambushing. The Approach Of The Book Is Novel. It Does Not Blindly Accept Often-touted Truisms Regarding The Illegitimacy Of Ambushing. The Author Argues That The Debate Concerning The Ethics And Legality Of Ambushing Should Be Revisited, And That Lawmakers Have Simply Gone Too Far. This Book Will Likely Raise Eyebrows In Sports Business Circles, And Not All Readers Will Be Comfortable With The Implications Of The Author’s Findings. It Makes For An Engaging Read For Anyone Interested In Sports Law And The Business Of Sport, Including Lawyers, Academics, Students, Sports Administrators And Sponsorship And Marketing Practitioners, But Especially Lawmakers In Sports Mega-event Host Nations. Introduction -- Two Million Reasons Not To Wear Reebok -- The Commercial Monopoly In Sports Mega-events -- Ambush Marketing Of Sports Mega-events -- Harnessing Special Laws To Protect Commercial Rights To Sports Mega-events -- Mega-event Rights Protection And Intellectual Property Laws -- Mega-event Rights Protection And Competition (antitrust) Laws -- Mega-event Commercial Rights Protection And Human Rights -- 'jumping On The Brand Wagon': 'association Rights' And The Thematic Space Of The Sports Mega-event -- In Defence Of The Monopoly? -- A Brief Look At The Arguments In Favour Of Sponsorship Exclusivity And Aggressive Rights Protection For Sports Mega-events -- Conclusions. Andre M. Louw. Includes Bibliographical References And Index. This book undertakes a critical examination of commercial rights to sports mega-events (focusing on sponsorship), the exclusivity of such rights and the legal implications of the modern mega-event sponsorship model. It examines ambush marketing of events and the law’s treatment of ambushing (specifically in the form of sui generis event legislation) in a review of 10 major jurisdictions selected on the basis of the importance of the events they are to host in the near future or have hosted recently, and the relevant domestic legislation. It critically examines the legitimacy of such commercial rights protection by means of the use of laws in the context of accepted principles of intellectual property law, competition law and human rights law. Specifically, it questions the legitimacy of the creation of statutory ‘association rights’ to mega-events, and considers potential future developments in respect of the law’s treatment of mega-event commercialisation. Valuable for practitioners and academics (in the fields of sportslaw/sponsorship/marketing/intellectual property law); sports administrators (sports governing bodies); corporate sponsors of sports and other events; potential mega-event host governments and law-makers; civil rights organisations. This is the first book to focus critically on the legitimacy of legal responses to ambush marketing. It comprehensively examines recent sports mega-events and the special laws which combat ambushing. The approach of the book is novel. It does not blindly accept often-touted truisms regarding the illegitimacy of ambushing. The author argues that the debate concerning the ethics and legality of ambushing should be revisited, and that lawmakers have simply gone too far. This book will likely raise eyebrows in sports business circles, and not all readers will be comfortable with the implications of the author's findings. It makes for an engaging read for anyone interested in sports law and the business of sport, including lawyers, academics, students, sports administrators and sponsorship and marketing practitioners, but especially lawmakers in sports mega-event host nations. ¡ Dr. Andre M. Louw is a Senior Lecturer at the Faculty of Law, University of KwaZulu-Natal, South Africa. ¡ This book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Robert Siekmann, Dr. Janwillem Soek and Marco van der Harst LL. M. ¡