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Protecting Your Intellectual Property in International Sports: Tips for Brands and Countries

Protecting Your Intellectual Property in International Sports: Tips for Brands and Countries


International sports events offer an excellent opportunity for countries and brands to collaborate and reach new markets, but they also raise the risk of intellectual property issues. With trademarks and designs reaching a larger audience, it's crucial to ensure your intellectual property is secure before participating in international sporting event advertising.

Under section 120(1) of the Trade Marks Act 1995 (Cth), a person infringes a registered trademark by using a sign substantially identical or deceptively similar to the registered trademark for goods or services. Section 17 defines a trademark as a sign intended to distinguish goods or services provided by a person from those sold by others in the course of trade.

When a trademark is used for advertising a business at a major sporting venue to over 82,000 spectators, it could constitute trademark use, or it could be argued that the use is merely incidental to the dominant use of advertising to the millions of viewers in India. It could also be argued that there was no use at all, given that the product isn't targeted at the Australian public.

Ambush marketing is a way for companies to associate their brands with major sporting events without paying the high costs of being an official sponsor. This type of marketing can take many forms, including product placement, point-of-sale promotions, street teams, internet marketing, and event-specific packaging. Coca-Cola is one international brand that has relied on international sporting events for years as a vehicle for its advertising.

With the globalisation of sports and the increasing popularity of international sporting events, companies are seeking ways to maximise their exposure and increase their market share. However, it's crucial for brand owners to be aware of the risks of ambush marketing and take steps to protect their intellectual property rights, particularly their trademark rights.

If you plan to use ambush marketing to promote your brand at a major sporting event, seek legal advice to ensure that your activities do not infringe on other companies' intellectual property. With proper protection and planning, international sports can be an excellent opportunity for businesses to expand their reach and gain new customers.

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