The Chartered Institute of Marketing (CIM) has warned that the rules currently out for consultation will prevent firms and brands that are not official sponsors from reflecting any association to the 2012 Olympics in their advertising.

The CIM’s chief executive Roderick Wilkes says: “The Games and their sponsors need to be protected but there is a grey area about the rights of all other organisations – and individuals – that are not sponsors. In the worst case, those trying to associate business activity to the London events could face a criminal charge; which we find wholly unacceptable.”

The CIM advises that marketers can still use non-specific associations with health, fitness and athleticism that will not infringe on the Olympics Act but warns that there are is still a huge “grey area” when it comes to defining ambush marketing.

Listed words such as “gold” or “silver” can not be used in combination with words such as “London” or “2012” for example, even if the word “Olympics” is omitted.

The CIM says it hopes the Olympic Act will only be enforced when there is “clear intent to ambush which attempts to mislead the customer” in order to prevent businesses being unduly fined.

The 2010 South Africa World Cup also fell foul of ambush marketing. The outrageous Fifa organisation arranged for the arrest of women wearing the colour of a Dutch beer at matches, and using their own police force held the women in custody for long periods.  Fifa then filed criminal charges against Bavaria, the brand.

Such activity in terms of action by non-police bodies could become normality in England in the coming year.

Tony Attwood

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