LEGAL MEASURES FOR AMBUSH MARKETING IN THAILAND

Abstract

Ambush marketing comprises a broad range of marketing operations by business organizations seeking affiliation with an event without bearing any financial burden of sponsorship. Although the ethical topics related to ambush marketing are still controversial, it clearly causes disadvantages to the sponsorship business by devaluing the sponsorship relationship between official sponsors and organizing committees. It is reasonable that this marketing practice should be regulated under an appropriately designed legal framework.

Many attempts have been made in other countries to deal with ambush marketing. The United States of America and the United Kingdom have introduced event-specific legislation to guard against ambush marketing for the Olympic Games, as requested by the International Olympic Committee. New Zealand and South Africa have provided protection for any events considered ‘major event’ with an umbrella legislation which is not specifically designed for the Olympic Games or any other single event.

In Thailand, although there are some legal grounds that make it possible to formulate a claim against ambush marketing, such as trademark infringement, civil passing off, and basic tort claims as well as consumer protection law, it appears that such existing laws are insufficient to deal with this controversial marketing activity due to various non-infringing techniques of ambush marketing.

Consequently, a single piece of new legislation should be enacted. Business relationships between event organizers and official sponsors must be protected while achieving a balance among the rights of sponsors, property owners, and other affected parties. Therefore, ambush marketing legislation should focus on clear-cut definition, declaration of the protected event, and legal protection for ambush marketing by way of association and intrusion, time limitations, and exceptions of violation.