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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9796
Experience:  I have been practising for 30 years.
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There, an unincorporated yacht club is intending on having

Customer Question

Hi there, an unincorporated yacht club is intending on having a offshore/yacht competition. We have approached a local brewery for sponsorship which they have agreed to on the terms that we only sell their beers on the day. The brewery wants us to prevent any ambush marketing from a local competitor brewery.
My question is can we stop the local competitor from doing any ambush marketing? Thanks
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.
Could you explain the situation a little more as to what exactly it is that you suspect the local brewery is going to do?
Customer: replied 1 year ago.
The local brewery expects us to prevent any ambush marketing as they want to be the only exclusive beer brand at the event. The local brewery just wish us to stop any ambush marketing at the event by the local competitor.
It may be possible that the competitor will try to market their beer at the event but because they are not the actual sponsors is there anything we can do to prevent that from happening? Also because we are a unincorporated association can we still enforce any laws that prevent ambush marketing?
Expert:  F E Smith replied 1 year ago.
I am familiar with ambush marketing but I don’t know exactly what it is that you think they can do. You cannot stop the marketing in the area in general but you can of course stop the marketing over any area over which you have control.If for example they decided to put advertising balloons in nearby premises or have an aeroplane fly past with a banner on it, there is nothing that you can do about that.If you can tell me exactly what they may do that concerns you I can tell you whether it’s possible to stop that or not.
Customer: replied 1 year ago.
I am concerned that the competition brewery may try to sell their beer at the event via ambush marketing. I take it I have no grounds on preventing this from happening even though the sponsored brewery have asked to stop any ambush marketing by the competitor?
Customer: replied 1 year ago.
I'm dissatisfied with the answer and response time. I'm sorry I thought I was being clear with my situation.