When major sporting events are about to take place, we see an incline in instances of ambush marketing.  With the 90th Comrades Marathon about to take place on 31 May 2015, the Comrades Marathon Association (CMA) has issued a stern warning against would-be ambush marketers trying to ride on the coat tails of the prestigious event in a last minute effort to sell their products and services.  Typically ambush marketers will make use of unauthorised registered trade marks proprietary to the CMA on their products or services creating an impression that such products or services are associated with the event (where such third parties are not or have no affiliation with official sponsors of the event).  The CMA has advised that on Race Day the Route will be monitored by the SAPS to identify if any instances of ambush marketing are being engaged in, and will confiscate any illegal products.  It furthermore reserves the right to institute any legal proceedings against the guilty parties where necessary.  Legal proceedings could entail such ambush marketers being sued on the basis of trade mark infringement if they are making unauthorised use of registered trade marks such as “Comrades Marathon”, “The Ultimate Human Race” and “Amabeadibeadi” and or passing off  under the common law, which may even include a claim for damages.  The Advertising Standards Authority Code also lists certain unacceptable practises that constitute variant forms of ambush marketing and that are considered to be objectionable on such basis, and whereby monetary fines can be imposed on guilty parties.   It is possible to approach the CMA to seek permission to sell certain products and services encompassing or bearing reference to the Comrades Marathon, but time is of the essence as the starting gun-shot is about to be fired!

Ambush marketing is defined as the practice by which a rival company attempts to associate its products or services with an event that already has official sponsors.

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May, 2015