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 2026

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

Matthew Grady of Wolf Greenfield says AI presents an opportunity in patent practice for stronger collaboration between in-house and outside counsel
Aparna Watal, head of trademarks at Halfords IP, discusses why lawyers must take a stand when advising clients and how she balances work, motherhood and mentoring
Discussion hosted by Bird & Bird partners also hears that UK courts’ desire to determine FRAND rates could see the jurisdiction penalised in a similar way to China
The platform’s proactive intellectual property enforcement helps brands spot and kill fakes, so they can focus on growth. Managing IP learns more about the programme
Hire of José María del Valle Escalante to lead the firm’s operations in ‘dynamic’ Catalonia and Aragon regions follows last month’s appointment of a new chief information officer
The London elite have dominated IP litigation wins for the past 10 years, but a recent bombshell AI case could change all that
Two New Hampshire IP boutiques will soon merge to form Secant IP, seeking to scale patent strength while keeping a lean cost model
While the firm lost several litigators this month, Winston & Strawn is betting that its transatlantic merger will strengthen its IP practice
In other news, Ericsson sought a declaratory judgment against Acer and Netflix filed a cease-and-desist letter against ByteDance over AI misuse
As trade secret filings rise due to AI development and economic espionage concerns, firms are relying on proactive counselling to help clients navigate disputes
Gift this article