Transcript Document
SPOOR & FISHER SCORING MARKETING GOALS BY AMBUSHING By : Dr Owen Dean SPOOR & FISHER “SCORE” “Achieve (a success etc.); obtain (results) in a test of abilities, capacities; make (a hit) make (a gain).” The New Shorter Oxford Dictionary SPOOR & FISHER “MARKETING” “The action, business, or process of promoting and selling a product.” The New Shorter Oxford Dictionary SPOOR & FISHER “GOAL” “The object of one’s ambition or effort; a desired end or result; an end result towards which behaviour is consciously or unconsciously achieved.” The New Shorter Oxford Dictionary SPOOR & FISHER GOAL “Look, if you’re in the penalty area and aren’t quite sure what to do with the ball, just stick it in the net and we’ll discuss all your options afterwards.” Bill Shankly, soccer manager to player SPOOR & FISHER “AMBUSHING” “Dispose (troops etc) in concealment among bushes or elsewhere, in order to surprise an enemy; waylay.” The New Shorter Oxford Dictionary SPOOR & FISHER SCORING MARKETING GOALS •Marketer’s raison d’Etre! – ambushing? •Case Study: FIFA World Cup 2010 SPOOR & FISHER “AMBUSH MARKETING” “Ambush marketing takes place when a trader seeks to utilise the publicity value of an event, for instance a major sports tournament or concert, to gain a benefit from it despite not having an involvement or connection with that event and more particularly having made no financial contribution to entitle him to derive benefit from it.” “Ambush Marketing” by O H Dean, De Rebus, June 2000 SPOOR & FISHER “AMBUSH MARKETING” “Advertisement may not take advantage of the advertising goodwill relating to the trade mark or symbol of the product or service of another, or advertising goodwill relating to another party’s advertising campaign or advertising property, unless the prior written permission of the proprietor of the advertising goodwill has been obtained. SPOOR & FISHER RATIONALE FOR PROTECTION •Major events require sponsorship •Investors require return on their investment •Ethics SPOOR & FISHER AMBUSH MARKETING •Association •Intrusion SPOOR & FISHER ASSOCIATION “In this form of ambush marketing, the ambush marketer misleads the public into thinking that he is an authorised sponsor or contributor associated with the event.” – “Ambush Marketing” by O H Dean, De Rebus, June 2000 SPOOR & FISHER INTRUSION “The ambush marketer seeks not to suggest a connection with the event but rather to give his own name, trade mark, or other insignia exposure through the medium of the publicity attracted by the event; this is done without any authorisation of the event organiser.” – “Ambush Marketing” by O H Dean, De Rebus, June 2000 SPOOR & FISHER SPOOR & FISHER ASSOCIATION SPOOR & FISHER SPOOR & FISHER WEAPONS TO COMBAT ASSOCIATION •Registered Trade Marks •Registered Designs •Prohibited Marks •Copyright •Passing-Off •Trade Practices Act •ASA SPOOR & FISHER INTRUSION •Protected Event in terms of Section 15A of the Merchandise Marks Act •Abuse of Trade Mark •ASA SPOOR & FISHER ELEMENTS OF INTRUSTION •Use trade mark, even one’s own registered trade mark •Manner of use of that trade mark must achieve publicity for it •Use of mark must be brought into relation with or allude to the event •User must derive special promotional benefit from alluding to the event •User must intend all of the above SPOOR & FISHER SPOOR & FISHER SPOOR & FISHER SPOOR & FISHER SPOOR & FISHER CONSEQUENCES •Criminal offences under the Merchandise Marks Act and/or Trade Practices Act and/or Copyright Act •Criminal offence under the Counterfeit Goods Act •Civil infringement under IP statutes •Common law delicts of passing-off and unlawful competition •Breach of the ASA Code SPOOR & FISHER CONSEQUENCES •Sanctions: - Fines and/or imprisonment imposed on company and/or director - Interdict against company and/or director - Prohibition of advertising by ASA SPOOR & FISHER IMPLICATIONS OF PROHIBITIONS •Marketers must take care •Stakes are high •Seek legal advice •Effect on existing sponsorships SPOOR & FISHER CONCLUSION •Undesirable practice •Eradication sought world-wide •Constitutionality •“The show must go on” SPOOR & FISHER FOOTBALL “Some people think football is a matter of life and death … I can assure you it is much more serious than that.” Bill Shankly SPOOR & FISHER HOW TO PROTECT YOUR OWN BRANDS SPOOR & FISHER Increased Commercial Activity 2010 • Impact on SA GDP expected R20 billion • Create 150,000 jobs • Create 7 billion in additional taxes • 350,000 tourists : revenue of R15 billion • Consumption, transport, tourism • Need to plan to extract maximum benefit SPOOR & FISHER Adequate Trade Mark Protection is Essential • Your Trade Mark portfolio keeps track with developments • True or False? • We need to anticipate 2010 market conditions now! SPOOR & FISHER Narrow Window of Opportunity Registration is a pre-requisite • Civil Trade Mark infringement • Criminal anti-counterfeiting enforcement Unregistered Trade Mark • Common law of passing off • Complaints before the ASA SPOOR & FISHER Life Cycle of a Trade Mark Conception SPOOR & FISHER Availability Search SPOOR & FISHER Decision to file SPOOR & FISHER S&F files the application 24 hours SPOOR & FISHER Registrar issues official action : 1 - 2 years SPOOR & FISHER Acceptance of application 1 – 3 months SPOOR & FISHER Statutory Advertisement period 3 months SPOOR & FISHER Certificate of Registration 1 year Total: 3 - 4 years SPOOR & FISHER Is it already too late? • Registrar is reducing examination time • Expedited issuing of certificate • Optimistic time line is 24 - 30 months • 2009! SPOOR & FISHER Thabo Mbeki Germany July 2006 “The 2010 FIFA World Cup will constitute a tribute to the effort, not only of South Africa, but of all Africa, to recover from many centuries of difficulties. Despite our problems, football has proved an inspiration to overcome these problems. Africa is ready, Africa’s calling, come to South Africa in 2010” SPOOR & FISHER Fifa Logo Application SPOOR & FISHER Filed in 37 classes in almost 30 countries in Africa SPOOR & FISHER • Trade mark Infringement • Counterfeits SPOOR & FISHER Any Questions?