Why ambush marketing is winning

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Why ambush marketing is winning

For now, ambush marketing is winning. Not because the law isn’t strong enough to prevent brands from hijacking physical events, but because the media by which consumers watch those events has broadened so much.

“This is the tip of the iceberg,” said Bruce P. Keller of Debevoise & Plimpton at the session The Evolving Nature of Ambush Marketing yesterday. “In the future everyone will be watching these events on split screens, with streams from the Internet.”

He was referring to the example of ambush marketing that had just been given: Coca-Cola’s campaign of polar bear characters reacting live to the Super Bowl through a dedicated website, CokePolarBowl.com. Pepsi was the official sponsor for the American football game this year, but Coca-Cola’s bears proved so popular that they upstaged their competitor. The two bears, each supporting a different team, reacted in real time to the game—and even left the room when an ad for Pepsi came on. Coke, which has 534,000 Twitter followers, saw a 12% increase in Twitter activity during the game.

That campaign was seen by yesterday’s speakers as something of a retaliation for Pepsi’s successful football advert during the 2010 World Cup in South Africa. The video, in which players such as Messi and Drogba played on a pitch created by hundreds of South Africans, was designed just to play online and became incredibly popular.

With that kind of competition between big brands, strong ambush marketing laws—such as those introduced by the UK ahead of this summer’s Olympic Games—are just one tool for brand owners. Everyone needs their own social media campaign.

more from across site and SHARED ros bottom lb

More from across our site

In the wake of controversy surrounding Banksy’s recent London mural, AJ Park’s Thomas Huthwaite and Eloise Calder delve into the challenges street artists face in protecting their works and rights
Alex Levkin, founder of iPNOTE, discusses reshaping the filing industry through legal tech, and why practitioners’ advice should stretch beyond immediate legal needs
Cohausz & Florack, together with Krieger Mes & Graf von der Groeben, have taken action against Amazon on behalf of three VIA LA licensors
In the fourth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss unconscious bias in the IP workplace and how to address it
Greg Munt, who has moved from Griffith Hack to James & Wells after four decades, hails his new firm’s approach to client service
Practitioners warn that closing the Denver regional office could trigger a domino effect, threatening local innovation and access to IP resources
Law firms are rethinking litigation strategies after USPTO director John Squires said he would take control of PTAB challenges
News of Singapore planning to streamline the licensing framework for foreign law firms and a partnership between Avanci and Xprize were also among the top talking points
In major recent developments, the court also ruled on another request concerning access to documents and appointed a new panel to the Court of Appeal
A new foundation in Chile is giving women in the IP community the mentorship, and visibility they’ve long lacked
Gift this article