Thursday, March 8 2007

Anyone trying to piggyback their advertising on the backs of the official sponsors of the World Cup could find themselves in court during the event, which runs from March 5 to April 28.

Some local business persons said ambush marketing has the effect of taking away the revenues of businesses that are legitimate sponsors of the ICC event and is usually done to make a quick profit.

To protect themselves and others against any ambush marketing during the World Cup, Trinidad and Tobago and other Caricom countries have adopted a zero-tolerance attitude against ambush marketing by passing the International Cricket Council (ICC) Cricket World Cup West Indies 2007 Bill 2006.

Under the legislation, passed in the Senate and House of Representatives on October 31, 2006 and November 1, 2006 respectively, anyone convicted of ambush marketing during the World Cup (March 5 to April 28) will face hefty fines of $120,000.

Ambush marketing is defined as the strategic placement of marketing material and promotions at events that will attract consumer and media attention. Ambush marketing begins by identifying opportunities to successfully capitalise on the event and the Cricket World Cup is no different.

The hosting of the CWC has placed the Caribbean in the spotlight and ambush marketing is something which could not only harm legitimate businesses financially but damage their international reputation as well.

“Ambush marketing is not common in the Caribbean and it would be unfortunate if this is one thing remembered about the region once the World Cup is over,” said one businessman.

Another business person said he believed that the cricket legislation passed prior to the World Cup should be effective and empower the police and courts in the respective territories to deal with any ambush marketing within their jurisdiction. Officials at the Local Organising Committee (LOC) for CWC could not be contacted for comment on ambush marketing and steps to prevent it in TT.

One way companies try to ambush an event is by paying attention to media sources that provide information about upcoming activities, sporting events and celebrity appearances. Media sources for ambush marketing can include radio, print, broadcast or the Internet.

If an event is likely to attract media attention, companies must determine how to incorporate their information into the media coverage for the event. According to information posted on the OnPoint Marketing and Promotions website, carrying out an effective and legal ambush marketing campaign is challenging yet the potential payoff can be huge in terms of return on investment.

Ambush marketing tactics might be done openly or covertly. For example, using models clad in bikinis with a company’s logo painted on their bodies is a relatively bold way to attract onlookers. A “surprise attack” method of ambush marketing would involve a person or group of people being positioned in a crowd to hold up a sign bearing the company logo as the camera is focused on them.

Major sporting events such as the Fifa World Cup, Super Bowl in the United States and even the Olympics often serve as magnets for ambush marketing and the Cricket World Cup is by no means immune to it. In a January 31 report in the Antigua Sun, ICC Cricket World Cup commercial manager Stephen Price said a Digicel billboard located close to the Sir Vivian Richards Stadium did not breach any of the ICC’s ambush marketing stipulations. Price said the billboard was not located in the confines of the stadium venue or within the control of Cricket World Cup and he had no issues with it. Cricket World Cup Antigua Inc attorney Martin Camacho said a country stood the risk of paying out huge sums of money in litigation if the ICC found companies engaged in ambush marketing through the marketing of their name or their products by erecting billboards, printed material, in the newspapers or even a mention at a particular time in a radio or television broadcast.

World Cup officials have also cautioned the media to be very guarded about their advertising content and which companies they solicit advertising from.

This means that no company must been seen to be gaining from the promotion of anything closely associated with CWC if they are not a contract sponsor.

The official CWC sponsors are Cable and Wireless, Pepsi, Scotiabank, Johnnie Walker, Visa, Red Stripe and Indian Oil. The CWC’s global sponsors are Pepsi, Hero Honda, LG Electronics and Hutch.

While it was heavily criticised by the Opposition UNC and others for bringing the cricket sunset legislation late to Parliament, Government made sure to include strong provisions in the bill to prohibit ambush marketing and other activities which could bring the Caribbean into disrepute during the World Cup. Clause 25 (1) of the bill prohibits any person from wilfully broadcasting, displaying, making, publishing or televising any advertisement, communication, statement, mark or image or authorising any advertisement, communication, statement, mark or image to be broadcast, displayed, made, published, televised for CWC 2007.

The legislation states that no one is authorised to use a mark, image, statement or brand in a way to achieve publicity without the prior authority of the CWC 2007.

The legislation goes further to protect CWC 2007 marks, indicia and images. Clause 27 states that no one is allowed to use a CWC 2007 mark without the written authorisation of the owner of that mark. Regarding the illegal sales of any goods bearing a CWC 2007 mark, persons found guilty of this offence are liable on summary conviction to a fine of $60,000 (in the case of a first conviction) and a fine of $120,000 (in the case of a second or subsequent convictions).

Several sporting goods stores in the country are currently selling a wide range of international cricket team uniforms bearing the official CWC logo. Business sources yesterday said this is not ambush marketing because these stores have already received permission to use the logo. They also indicated that because the regulations laid down in the sunset cricket legislation were so stringent and the LOC was certain to be vigilant on this front, ambush marketers would be well advised to think twice.

At the Queen’s Park Oval, where Group B matches between India, Sri Lanka, Bangladesh and Bermuda will be played from March 15 to 23, parts of the compound bearing the logos of companies that are not World Cup sponsors have been removed to close any potential loopholes for ambush marketing.

West Indies Cricket Board CEO and Queen’s Park Cricket Club president Bruce Aanensen said this was in keeping with the ICC’s rules to convert the venue into a “clean stadium.”

Only official CWC sponsors would be allowed to advertise at World Cup venues.