Staying Onside: Ambush Marketing in the Age of Social Media

In our previous article, we explored the practice known as ‘ambush marketing’ in the context of sporting events whereby, businesses who are not official sponsors, use the surrounding publicity and attention to directly, or indirectly, promote their brand, products and services. As these businesses do not hold official sponsorship rights, major sporting organizations, including FIFA often take a strong position against attempts to suggest or imply an association with the event. Building on that discussion, this article explores the impact of social and digital media in ambush marketing, and how the legal landscape has evolved in response. 

Social Media and Emerging Risks 

The increasing prominence of social and digital media has created new avenues for brands to engage with major events. These platforms allow content to be shared rapidly and widely, often blurring the line between organic participation and commercial messaging.  

For example, during the 2014 Sochi Olympics, the lighter brand, Zippo drew attention after an image circulated online showing the Olympic torch being relit with one of its lighters. The company subsequently shared the image on its own social media channels with the caption ‘#ZippoSavesOlympics’, aligning itself with the moment. After officials indicated that such use could raise issues under the Games’ marketing rules, Zippo removed the post and later published alternative content referencing the event more indirectly, including a post reading ‘Zippo: Perfect for all winter games. *wink wink*’. 

While individuals may generally share or discuss events, the commercial use of event‑related terms, content, or branding, including in business profiles, campaigns, or promotional materials, may create an unauthorized commercial association. For FIFA specifically, their 2024 Intellectual Property Guidelines distinguish between non‑commercial fan engagement and commercial use by businesses, particularly in the social media realm.  

In addition, influencer and sponsored content introduce further considerations. In Canada, Ad Standards’ guidelines require that material connections between brands and individuals, including influencers, be clearly and prominently disclosed to ensure that advertising is not misleading. These disclosure requirements apply regardless of the platform used and are particularly relevant where promotional content may coincide with major events and contribute to perceived brand association. 

Athletes, Endorsements, and Event Association 

In addition, social media introduces additional complexity when it comes to content generated by athletes participating in sporting events.  Athlete‑generated content during the recent Olympic Games has attracted significant attention, including informal ‘behind‑the‑scenes’ content such as kit unboxings and Olympic Village tours. 

Athletes have increasingly raised concerns about restrictions on their ability to capitalize on periods of peak visibility. Many athletes maintain long‑standing endorsement relationships with brands that are not official event sponsors. In response to these concerns, the IOC relaxed its advertising rules ahead of the 2016 Rio Olympic Games to permit more limited forms of athlete‑focused marketing by non‑sponsors, while continuing to preserve the exclusivity of official sponsors. Ahead of the Games, Under Armour featured Michael Phelps in its ‘Rule Yourself’ campaign, leveraging his final Olympic appearance to promote the brand despite not being an official sponsor. 

These developments point to an evolving environment in which association with major events may arise through decentralized and rapidly disseminated content, presenting new challenges for rights holders seeking to maintain clear boundaries around commercial use of event-related indicia, and a false or misleading impression of commercial association with events. 

This issue has existed long before social media, and a notable campaign blurred the line between personal athlete endorsement and event association. For example, during the UEFA Euro 2012, a Danish player, Nicklas Bendtner was fined and suspended after revealing the waistband of his underwear bearing the logo of the Irish betting company Paddy Power while celebrating a goal. The incident was treated as a breach of tournament rules prohibiting unauthorized sponsor exposure, illustrating how such rules are applied in practice. 

Despite the evolving landscape, including the increasing role of social and digital media, the legal frameworks used to address ambush marketing in Canada remain largely unchanged.  

There is no standalone prohibition on ambush marketing in Canada. Instead, enforcement relies on a combination of existing legal doctrines, predominantly under the Trademarks Act – where protected marks, such as event names, logos, or official slogans, are used without authorization in a way that is likely to cause confusion – and the Copyright Act, which may be used for protected artistic works such as logos, images, or audiovisual content. 

In addition, the Competition Act prohibits materially false or misleading representations to the public, which may be relevant where marketing activities create inaccurate impressions of sponsorship, endorsement, or affiliation. 

In this environment, ambush marketing remains a dynamic and context‑specific area, shaped by developments in marketing strategy, media platforms, and audience expectations. As FIFA World Cup 2026 approaches, questions around how brands engage with the surrounding commercial landscape are likely to remain a point of focus for organizers and businesses alike. 

This article is intended to provide general information only and should not be relied on as legal advice. If you have questions or would like guidance about event-related marketing in Canada, please contact a member of our trademarks team.