Podcast
Questions and Answers
What is required to demonstrate trademark infringement?
What is required to demonstrate trademark infringement?
What aspect is most critical when proving trademark infringement?
What aspect is most critical when proving trademark infringement?
Which of the following can be a defense against trademark infringement based on the context provided?
Which of the following can be a defense against trademark infringement based on the context provided?
What type of patent protects new processes or machines?
What type of patent protects new processes or machines?
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How long does a patent typically last once obtained?
How long does a patent typically last once obtained?
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What constitutes patent infringement?
What constitutes patent infringement?
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Which of the following is a defense against patent infringement based on content provided?
Which of the following is a defense against patent infringement based on content provided?
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What is dilution in the context of trademarks?
What is dilution in the context of trademarks?
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What must be proven to establish copyright infringement?
What must be proven to establish copyright infringement?
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Which of the following is a valid defense against copyright infringement?
Which of the following is a valid defense against copyright infringement?
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What is a characteristic of a work protected under copyright?
What is a characteristic of a work protected under copyright?
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Which factor is NOT considered by courts in copyright infringement cases?
Which factor is NOT considered by courts in copyright infringement cases?
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What does the First Sale Doctrine state?
What does the First Sale Doctrine state?
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What is the main purpose of copyright law?
What is the main purpose of copyright law?
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Which of the following works is NOT covered by copyright?
Which of the following works is NOT covered by copyright?
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What does the term 'fixation' imply in copyright context?
What does the term 'fixation' imply in copyright context?
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What best defines 'Substantial Similarity' in copyright law?
What best defines 'Substantial Similarity' in copyright law?
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What is a key lesson from the NBA vs Motorola case?
What is a key lesson from the NBA vs Motorola case?
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Which of the following represents a reason for organizations to engage in ambush marketing?
Which of the following represents a reason for organizations to engage in ambush marketing?
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How did consumer perceptions of ambush marketing change over time?
How did consumer perceptions of ambush marketing change over time?
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In the 1994 Olympic Games context, what was Wendy's advertising strategy?
In the 1994 Olympic Games context, what was Wendy's advertising strategy?
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What was a significant finding from event surveys during the 1994 Olympics?
What was a significant finding from event surveys during the 1994 Olympics?
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What is an example of an ambush marketing strategy?
What is an example of an ambush marketing strategy?
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Which of the following is NOT a common reason for ambush marketing?
Which of the following is NOT a common reason for ambush marketing?
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What policy did FIFA implement during the World Cup 2006 to limit non-sponsor advertising?
What policy did FIFA implement during the World Cup 2006 to limit non-sponsor advertising?
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What is one of the extreme measures taken by ICC regarding player endorsements?
What is one of the extreme measures taken by ICC regarding player endorsements?
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What does a 'Blackout Period' entail for sponsored entities?
What does a 'Blackout Period' entail for sponsored entities?
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What is the function of the 'Ambush Police'?
What is the function of the 'Ambush Police'?
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How can event organizers exert control over advertising?
How can event organizers exert control over advertising?
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Which of the following is NOT a strategy mentioned for preventing ambush marketing?
Which of the following is NOT a strategy mentioned for preventing ambush marketing?
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What should be avoided to prevent alienating fans while monitoring ambush marketing?
What should be avoided to prevent alienating fans while monitoring ambush marketing?
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What is a primary advantage of media sponsorship during a sports event?
What is a primary advantage of media sponsorship during a sports event?
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What key element is involved in the control of virtual advertising by broadcasters?
What key element is involved in the control of virtual advertising by broadcasters?
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What does the term 'ambushing up' refer to in the context of sponsorship?
What does the term 'ambushing up' refer to in the context of sponsorship?
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Which of the following is an example of a sponsorship-related contribution?
Which of the following is an example of a sponsorship-related contribution?
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Why might teams or athletes be considered a unique selling proposition (USP) for sponsorship?
Why might teams or athletes be considered a unique selling proposition (USP) for sponsorship?
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What is a potential issue with non-sponsors contributing to the players' pool?
What is a potential issue with non-sponsors contributing to the players' pool?
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Which of the following best describes Nike in relation to Adidas during events like the FIFA World Cup?
Which of the following best describes Nike in relation to Adidas during events like the FIFA World Cup?
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What is one motivation for purchasing advertising time during a rebroadcast?
What is one motivation for purchasing advertising time during a rebroadcast?
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What characterizes ambush marketing?
What characterizes ambush marketing?
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In what way can web streaming affect sponsorship dynamics?
In what way can web streaming affect sponsorship dynamics?
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Which strategy can make a company appear as an event sponsor without being one?
Which strategy can make a company appear as an event sponsor without being one?
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What type of sponsorship does Adidas exemplify with its role in events like the FIFA World Cup?
What type of sponsorship does Adidas exemplify with its role in events like the FIFA World Cup?
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How can companies protect themselves from ambush marketing?
How can companies protect themselves from ambush marketing?
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What is a potential outcome of using themed advertising strategies?
What is a potential outcome of using themed advertising strategies?
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What role does social media play in ambush marketing?
What role does social media play in ambush marketing?
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What is a dilution strategy that involves distribution at events?
What is a dilution strategy that involves distribution at events?
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Which approach is NOT effective in counteracting ambush marketing?
Which approach is NOT effective in counteracting ambush marketing?
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Study Notes
Sport Marketing & Sponsorship (SS2104)
- Course offered by NIE, Nanyang Technological University, Singapore
- Academic year 2024/2025, Semester 1
- Focuses on Legal Aspects of Marketing, specifically Ambush Marketing
- Course aims to educate students on legal concepts related to sports marketing.
Learning Objectives
- Differentiate the three types of Intellectual Property (IP)
- Grasp claims and defenses against IP infringement
- Understand the reasons behind ambush marketing prevalence
- Apply methods to prevent ambush marketing
Disclaimer
- The course material is educational, and not legal advice.
Intersection of Sports and Law
- Sports marketing has substantial financial implications due to high-value sports properties and associated rights.
- There are frequent legal issues related to sports properties.
- Practitioners need to be cognizant of legal aspects of sports practices.
Intellectual Property (IP)
- IP protects sports entities by rewarding invention, creativity, and ingenuity.
- It fosters an open and competitive marketplace.
- There are three types of IP:
- Trademarks (TM, ®)
- Patents (Pat. No ##)
- Copyrights (©)
Trademarks
- A word, name, symbol, or image used by an entity (e.g., team logos).
- Protect the identity of sports teams and products.
- Can last indefinitely, renewable every 10 years.
- Types of Trademarks:
- Trade Dress (overall appearance of product/packaging)
- Service Marks (services like broadcasting ESPN, Fox Sports)
- Collective Marks (membership in associations, sports leagues, professional associations)
Trademark Functions
- Identify the source of a product/service.
- Protect consumers from confusion.
- Guarantee product quality.
- Demonstrate the owner's goodwill.
- Reflect substantial advertising investments.
Trademark Infringement
- Unauthorized reproduction/use of a trademark in a manner likely to cause confusion.
- False Designation of Origin (false claims about the product's source).
- Trademark Dilution (weakening distinctiveness by another mark through blurring or tarnishment).
Trademark Infringement Defenses
- Abandonment (the trademark owner discontinues usage).
- Fair Use (use for description or comparison).
- Genericness (the trademark becomes overly common).
- Functionality (if the trademark is part of the product's function).
What Needs to Be Proven for Trademark Infringement
- Ownership of a valid trademark
- Priority of use
- Likelihood of confusion
- Similarity of marks
- Harm to the trademark
Copyright Scope
- Protects original works of authorship (literary, musical, and artistic).
- Governed by the Copyright Act of 1976 and Digital Millennium Copyright Act (DMCA).
- Marketers need to be aware of copyright laws when using written, musical, or audiovisual works.
- Applies to expression of ideas, not the ideas themselves.
Copyright Infringement
- Occurs when a copyrighted work is used without permission.
- Courts consider:
- Purpose of use (commercial or educational)
- Nature of work (creative vs. factual)
- Amount of work used
- Effect on potential market.
Copyright Infringement Defenses
- Fair Use (use for education, commentary, criticism)
- De Minimis (use is trivial)
- First Sale Doctrine (original owner can't control resale after sale)
- Independent Creation (work created separately without copying)
Proving Copyright Infringement
- Originality of the work
- Fixation of the work
- Access to the work
- Substantial similarity to the copyrighted material
Patents
- Protect new inventions, designs, or processes.
- Ensure inventors are rewarded for ingenuity.
- Promote innovation in the sports industry.
- Typically last about 20 years.
- Types of Patents:
- Utility Patents (new processes or machines)
- Design Patents (ornamental designs)
Patent Infringement
- Unauthorized use, making, or selling of a patented invention.
What Needs to Be Proven for Patent Infringement
- Ownership of a valid patent
- Novelty of the invention
- Non-obviousness of the invention
- Utility of the invention
Patent Infringement Defenses
- Invalidity
- Non-infringement
- Laches (delaying legal action)
- Experimental Use (non-commercial use)
Ambush Marketing
- A form of associative marketing to generate goodwill from an event without official sponsorship.
- Competitors try to associate their brand with a sponsor's event, causing confusion.
Reasons for Ambush Marketing
- High costs of rights fees
- Ambush marketing is effective
- Consumers don't always notice ambush efforts
- Advertisers' attitudes are changing
Ambush Strategies
- Sponsor Media Coverage
- Sponsorship Subcategories
- Player's Pool Contributions
- Purchase Advertising Time During Rebroadcasts
- Coincide Advertising With Event Timing
- Other Dilution Strategies
Ways to Prevent Ambush Marketing
- Understand how to ambush rivals' strategies
- Limit the number of sponsors
- Limit signage and advertising near the venue
- Limit endorsement of non-associated brands by teams and players
- Enforce blackout periods
- Proactive surveillance programs
- Event organizers exercising more control over advertising
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Description
Test your knowledge on the legal aspects of sports marketing, focusing on ambush marketing and intellectual property. This quiz will cover the differentiation of IP types, claims and defenses against infringement, and methods to mitigate ambush marketing in the sports industry.