James & Wells - Intellectual Property

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Major Events Management Act 2007

With excitement building around the Rugby World Cup 2011, you may be planning a promotion around the event. When doing so, you need to know about the Major Events Management Act 2007 (MEMA)

MEMA prohibits certain types of marketing activities known as "ambush marketing" in relation to certain major events. These events currently include the Rugby World Cup in 2011 and the Cricket World Cup in 2015.

"Ambush marketing" - what not to do

"Ambush marketing" involves promotional activity that seeks to create an association with an event where there is no official sponsorship or to take unfair advantage of the publicity surrounding a major event. Such activities are deemed unlawful because they amount to "free riding" and also undermine the value of official sponsorship.

MEMA deals with two particular situations:

  • Where an advertiser incorrectly suggests it has an association with the event. The use of certain words and emblems are automatically deemed to create a connection with a major event. However the association can be more subtle. This means that even if you don't use these particular words and emblems, you may still fall foul of MEMA.  For example, giving away or selling tickets to a major event can give rise to an unlawful association unless it is done correctly.
  • Where an event is used to market to an audience gathered solely for the major event. This will usually occur in close proximity to the physical location of the event and/or major transportation routes leading into and out of that location. MEMA provides for "clean zones" around major event venues in which only authorised marketing activities can take place.

How we can help?

There are a number of ways in which New Zealand businesses can legitimately participate in the marketing opportunities that major events such as the Rugby World Cup bring.

Our Litigation Team can:

  • Advise you before you begin marketing on how to make sure your activities comply with MEMA; and
  • If you have already started marketing, advise you on any aspects of your campaign which might be contrary to MEMA and/or assist you in dealing with any complaint you may receive from a major event organiser or sponsor.

To receive more specific advice tailored to your business and promotion plan, contact Katrina Crooks or Ben Cain in our Litigation team.