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

With 2025 behind us, US practitioners sit down with Managing IP to discuss the major IP moments from the year and what to expect in 2026
Large-scale transatlantic mergers will give US entities a strong foothold at the UPC, and could spark further fragmentation of European patent practices
This year’s most-read stories covered uncertainty at the USPTO, a potential boycott of a major international IP conference, rankings releases, and a contempt of court proceeding
The parties have agreed on a court-guided settlement covering Pantech’s entire SEP portfolio, marking a global first
The introduction of Canada’s patent term adjustment has left practitioners sceptical about its value, with high fees and limited eligibility meaning SMEs could lose out
With the US privacy landscape more fragmented and active than ever and federal legislation stalled, lawyers at Sheppard Mullin explain how states are taking bold steps to define their own regimes
Viji Krishnan of Corsearch unpicks the results of a survey that reveals almost 80% of trademark practitioners believe in a hybrid AI model for trademark clearance and searches
News of Via Licensing Alliance selling its HEVC/VCC pools and a $1.5 million win for Davis Polk were also among the top talking points
The winner of a high-profile bidding war for Warner Bros Discovery may gain a strategic advantage far greater than mere subscriber growth - IP licensing leverage
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Gift this article