World Cup ambush marketing
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An alleged publicity stunt by the Dutch brewer Bavaria resulted in the arrest in South Africa recently of two Dutch women on charges of organising "unlawful commercial activities".
The two women along with 34 others appeared in a prominent pitch side position at the recent Netherlands v Denmark World Cup game in Soccer City Stadium in Johannesburg wearing orange mini-dresses apparently associated with Bavaria.
As soon as the stadium television cameras captured pictures of the group, they were ejected from the stadium with two being arrested. They were subsequently released.
FIFA, the owner of the rights to the 2010 World Cup in South Africa, has stated that it is looking into "all available legal remedies" against Bavaria. The right to associate ones brand with the World Cup is licensed by FIFA to official sponsors wishing to promote their brands in conjunction with the event. Companies not willing to pay the substantial fees (often millions of dollars) involved to secure rights of association but which are still determined to promote their products at these world wide events tend to adopt the type of ambush marketing stunt alleged here. It appears that Bavaria sold the mini-dresses in question in the Netherlands prior to the World Cup as part of a gift pack with the only distinguishing feature of the garments being a tiny outer label carrying the brand's name. In an effort to raise the Dutch public's awareness of their promotion Bavaria arranged for one of the mini-dresses to be modelled by the high profile wife of a Dutch player prior to the tournament.
Because FIFA depends on sponsorship fees to run events like the World Cup its sponsors in turn enjoy exclusivity of the exploitation of the brands associated with the World Cup. This exclusivity is enforced in conjunction with the host nation by imposing fines for infringements and in this instance the possibility of criminal sanctions which are not often associated with the infringement of such rights. As with all successful ambush marketing stunts the publicity gained is substantial and highly beneficial to the company.
