The Major Events Management Act 2007

The Major Events Management Act 2007 (MEMA) provides protection against “ambush marketing” for planned major events in New Zealand.

Major events currently covered include the Rugby World Cup in 2011, the World Rowing Championships in 2010 and co-hosting the Cricket World Cup in 2015. These kinds of major events attract large audiences and are therefore attractive to both sponsors and unauthorised businesses who want to exploit these events for themselves.

“Ambush marketing” – what you should not do

“Ambush marketing” describes the actions of those who seek to capture the benefits enjoyed by sponsors without the authorisation of the event organiser. In other words, “ambush marketing” involves commercial activity that “free rides” on the publicity surrounding a major event and therefore undermines the value of official sponsorship and the viability of obtaining sponsorship for future events.

MEMA seeks to address two types of ambush marketing:

1. By association — where an advertiser misleads the public into thinking that the ambush marketer is an authorised partner or somehow associated with the event. The association will often be subtle and may not involve actual use of the event name or associated logo. Included in this type of ambush marketing is offering, giving away, or selling a ticket to a major event activity in connection with the promotion of goods or services
2. By intrusion — which occurs when an event is used to draw attention to the ambush marketer’s brand from 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 – hence MEMA provides for “clean zones” around major event venues in which only authorised marketing activities can take place.

Protection of words and emblems

MEMA provides for protection of words and emblems that could denote a connection with a major event whether or not they are eligible for registration under the Trade Marks Act 2002 and/or actually registered. For example, in relation to the Rugby World Cup the words ‘Rugby World Cup’, ‘World Cup 2011’, ‘World in Union’, ‘Rugby New Zealand 2011’ and ‘Webb Ellis Cup’ are protected, as are the associated Rugby World Cup and IRB logos.

However, simply avoiding these designated words and emblems is not sufficient. Any representation likely to lead a reasonable person to believe there is an association with the event will breach MEMA and is an offence.
Protected major event words or emblems will also be automatically covered by border protection measures which allow the event organiser to intercept and prevent distribution of infringing materials.

How we can help?

Under MEMA there are a number of activities which will not amount to an infringement as long as they are carried out ‘in accordance with honest practices in industrial or commercial matters’.  Our Litigation Team can advise you in relation to these, assisting you to interpret and apply the Act so your activities comply.  Our team can also determine whether you are entitled to rely on any of the exceptions to infringement should you be on the receiving end of action by the event organiser / sponsors.

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