SPORTS sponsorship company IMG, representing the International Rugby Board for the Rugby World Cup, pursued up to 500 transgressions of marketing “irregularities” during the event, ranging from intellectual property misuse through to more serious instances of perceived ambush marketing.
However no legal actions have been taken, despite some fairly brazen ambush-like activity, including a campaign from Virgin and Vodafone’s successful leveraging of its Wallabies sponsorship during the RWC.
IMG legal counsel Alan Gilpin said the fact that no actions were taken was proof that the threat of action had deterred ambushers. However it could also be seen as proof that the strict warnings issued prior to the event by IMG and the IRB had few or no teeth.
According to sources, Virgin was one marketer who “got a stern letter” regarding its advertising, which focused on cheap fares. A spokesperson from the company declined to comment except to say “Virgin did very well out of the RWC, as no doubt, did Qantas”.
Vodafone head of sponsorship Steve Lawson also confirmed his company had had “communications” with the IRB, “pointing out commercial partnership arrangements in place”. Vodafone’s activity included launching the “Wannabees”, which, as Lawson admitted to B&T during the RWC (B&T October 3), were “extremely visible during the six week event”. That included everything from flags and hooters handed out during games to inflatable dolls and stunt marketing.
“We had a lot of fun,” Lawson said. “Our position is we sponsor the Wallabies and have every right to continue that sponsorship during the RWC.”
Gilpin admitted that in many cases defining and proving ambush marketing was “very difficult”. Asked about Virgin’s activity, he said “in an ideal world Qantas wouldn’t want Virgin leveraging the RWC”.
“Virgin did a clever piece of marketing,” Gilpin said. “While it talked about low cost flights, it was not specific to the RWC. So it was hard for us to do anything about it.”
Asked if that meant that conditions and penalties set by authorities prior to the event had no real teeth, Gilpin said they were effective when IP was infringed.
However he admitted that nine out ten marketers weren’t that stupid.
“We dealt with hundreds of brand protection instances, shut down a lot of web sites using the IP and closed off travel and hospitality deals using the RWC as bait.
“We are quite happy we created an atmosphere hostile to [ambush marketing] and succeeded. Our sponsors are mature enough to know we can’t stop it all. And the last thing we want to do is go ‘gung ho’ after the event.”
One case where IMG did take action, through local council authorities, was where Pepsi erected an outdoor sign for its brand in close proximity to a venue. However Pepsi marketing director Tony Thomas was adamant this was only part of a regular outdoor summer campaign Pepsi had planned.
Gilpin said, “Pepsi could quite legitimately claim this wasn’t ambush marketing, and in any case, the banners are out again, after the event”.
