Jurisdiction: Australia. Reviewed 27 October 2026.
Sport brings together competitors, sponsors and audiences across countries. That reach also creates legal questions when a name, logo or campaign crosses a border. A registration in one country should not be treated as universal clearance.
Cross-border advertising
Consider a hypothetical business advertising at an Australian match mainly for an overseas television audience. The audience’s location and the way the sign is used may be relevant, but neither the broadcast destination nor the spectator count alone determines trade mark use or infringement. The statutory test and evidence must be assessed.
The Australian starting point
Section 17 defines the identifying function of a trade mark. Under s 120(1), infringement concerns use as a trade mark of a substantially identical or deceptively similar sign for the registered goods or services. Sections 120(2) and (3), and the defences, extend the analysis beyond that basic statement.
Sponsorship and ambush marketing
Sponsorship agreements define permitted associations and commercial benefits. Attempts by non-sponsors to suggest an association are often called ambush marketing, but liability depends on the actual law and conduct. The earlier article’s unverified Coca-Cola examples have been removed; a brand’s presence at an event is not evidence that it lacked sponsorship rights.
Plan before the campaign
Check marks in relevant countries, permissions for imagery and footage, advertising claims and any special event legislation or venue terms. Define territories and media in licences. International applications can help organise protection, but each designated market still applies its own law.
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