Ambush Marketing beyond the Olympics: when advertising becomes unfair competition

Written By

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Rita Tardiolo

Partner
Italy

As a partner in our Milan-based Intellectual Property practice, I focus on trademarks, Protected Designation of Origin (PDO), advertising, unfair competition and consumer protection law, assisting both domestic and international clients with contentious and non-contentious matters. I am also the co-head of our international sub-sector Luxury, Fashion & Retail within the Retail & Consumer group.

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Rachele Macor

Associate
Italy

I am an associate in the Intellectual Property department at Bird & Bird's Milan office and I mainly deal with extrajudicial and contractual assistance in different IP areas, including trademark and PDO/PGI protection, as well as advertising, consumer protection law and franchising law.

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Francesca Signorini

Associate
Italy

As an associate in the Milan office of Bird & Bird, I focus on intellectual property, advertising, unfair competition and consumer protection law.

The recent decision against Zalando sets a significant precedent in the regulation of ambush marketing.

The sanction imposed by the Italian Competition Authority, along with subsequent judicial confirmation, highlights the need to guarantee the fairness of commercial communications during high-profile events becomes evident. This case highlights how the phenomenon of ambush marketing can also occur outside the Olympics, making a careful assessment of the advertising strategies to be adopted essential.

In light of this, the relevant legislation - introduced precisely in view of the 2026 Milan-Cortina Olympic Games – is confirmed to have a broader scope applicable to various sporting and cultural events.

In anticipation of the next Italian Olympic Games, it is essential to know the principles established by the authorities and any new CONI Guidelines on the subject, in order to avoid risks and ensure communication in compliance with the regulations in force.

Click here to read the alert and learn more

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