Beyond the Ambush: Safeguarding Sponsorship Rights through Intellectual Property Legislation in India

In today's competitive advertising landscape, ambush marketing has emerged as a contentious strategy whereby companies associate themselves with high-profile events without formal sponsorship, potentially undermining the substantial investments made by official sponsors. This paper critically examines the growing challenge of ambush marketing in India's expanding event sector, highlighting the inadequacy of current intellectual property frameworks to address these sophisticated marketing tactics. Through qualitative analysis of secondary data, including case studies, scholarly publications, and international regulations, the research investigates how ambush marketing erodes sponsorship value and compromises event sustainability. The study reveals significant legislative gaps in India's intellectual property system, particularly evident in landmark cases such as ICC Development International Ltd. v. Arvee Enterprises. Drawing upon successful regulatory models from countries like Australia, New Zealand, and South Africa, this paper proposes tailored legislative solutions for the Indian context. The findings suggest that without specific anti-ambush marketing legislation, India risks diminishing its attractiveness as a destination for international events, potentially hampering economic growth and tourism. This paper contributes to the ongoing dialogue on balancing commercial interests with ethical advertising practices whilst providing practical recommendations for policymakers, event organisers and brand owners seeking to navigate this complex terrain.