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ARTICLE · 29 JANUARY 2013

Afcon 2013: Ambush Marketing

Late last year Trade and Industry Minister, Rob Davies, announced that the government intended to declare the 2013 Afcon tournament a ‘protected event’ in terms of the Merchandise Marks Act.

South AfricaIntellectual Property

Late last year Trade and Industry Minister, Rob Davies, announced that the government intended to declare the 2013 Afcon tournament a 'protected event' in terms of the Merchandise Marks Act. This means that the severe ambush marketing restrictions that characterised the 2010 FIFA World Cup will apply to the African Cup of Nations football tournament, which will take place between 19 January and 10 February 2013, and which will be coming to a city near you provided that you don't live in Cape Town – the host cities are Johannesburg, Durban Port Elizabeth, Rustenburg and Nelspruit.

But what exactly is ambush marketing?  In essence, ambush marketing occurs when a business tries to get mileage out of an event that it hasn't sponsored. The most obvious way for a business to do this is to use the event's branding – the name, the logo, the strapline – in relation to its own product.  This is, of course,  illegal. In the first place, it is highly likely that the organisers

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