What Is Ambush Marketing? Small Business Considerations

Imagine you’re going to a major concert sponsored by a legacy beauty brand, and one of its direct competitors posts on social media that they’re hosting a party prior to the event at a nearby location. They market it as a “pre-party” for weeks on social media platforms and even go as far as to tag the lead act and advertise free concert merch with their logo on it.

This is a blatant example of an ambush campaign, which can be effective but also very risky from a legal perspective.

Here’s what you need to know about ambush marketing, including real-world examples from major events that demonstrate how it’s been done before.

What is ambush marketing?

Also known as coat-tail marketing, ambush marketing is when a brand or retailer employs direct or indirect advertising techniques to create buzz and intentionally draw attention away from a specific competitor—typically in the context of event sponsorships. This kind of tactic is popular during sporting events such as the Super Bowl and the Olympics, as well as at award shows like the Oscars.

Types of ambush marketing 

Ambush marketing can be direct—defying contracts, trademarks, and copyrights—or indirect, which references or takes inspiration from an event without actually naming it or using any official symbols or language associated with it. Both entail legal risk, but to varying degrees. 

Direct ambush marketing

Direct ambush marketing tactics involve explicitly associating with an event, cause, or other brand, often willfully violating laws or contracts. Here are the main types of direct ambush marketing: 

• Predatory. Direct tactics can be predatory when a brand or retailer purposefully uses marketing tactics to try and steal attention and sales from a competitor. An infamous real-world example of this is when credit card company American Express ran an ad campaign during the 1994 Winter Olympics that aimed to undermine its rival, Visa, which was the official sponsor of the event. 

• Self-ambushing. Self-ambushing is when a brand defies its official sponsorship agreement. This could look like a brand selling their products at an event, despite it not being in their contract. 

• Trademark infringement. Trademark infringement can occur when brands use logos or specific language tied to an event (like major sporting events) to make consumers believe they’re a sponsor when they aren’t. 

Indirect ambush marketing

Indirect ambush marketing strategies take a more subtle approach and may or may not be legal depending on the specific measures taken. Here are the two main types:

• Ambush by association. With this approach, brands use subtle advertising tactics—such as displaying certain general imagery or symbols associated with a popular event—to make it look like they could be official sponsors when they’re not. For example, a brand could run an advertising campaign that airs around an awards show and features glamorous models on a red carpet, without mentioning the name of the actual event. 

• Values ambushing. Values ambushing is another indirect tactic that’s even less obvious and involves a brand utilizing promotional techniques to align itself with the values or themes of a specific event. For instance, a brand might run a campaign about female empowerment in sports during or right before a major women’s sporting event.

Real-world examples of ambush marketing

To get a sense of how this type of marketing works in practice, learn about these two real-world examples: 

Bavaria Brewery vs. Budweiser

A prime example occurred at the 2010 FIFA World Cup held in South Africa. Budweiser was the official sponsor of the event, having paid millions of dollars to legally advertise at the soccer games. Meanwhile, a Dutch company called Bavaria Brewery was accused of ambush marketing when 36 women were seen at the stadium wearing orange mini dresses with Bavaria's logo. FIFA ended up ejecting the women from the match, arguing that it was an ambush marketing stunt that infringed on the rights of their official sponsors. Bavaria responded by fervently denying any involvement in an ambush marketing campaign.

Despite denying the accusations, the beer company dealt with significant backlash from FIFA, which pursued legal action before eventually dropping charges. However, Bavaria still garnered publicity and managed to divert attention from Budweiser, so whether or not it was an intentional stunt, some would say this was a successful ambush marketing campaign that worked in its favor.

Beats by Dre vs. Panasonic

Another real-world example of ambush marketing is when tech brand Beats by Dre distributed free limited-edition headphones to athletes ahead of the 2012 London Olympics, despite not being officially affiliated with the event. (Panasonic was the official sponsor.)

The indirect marketing strategy resulted in many of the athletes wearing the gifted headphones to the games, and Beats by Dre received significant airtime coverage. This is an example of indirect ambush marketing because the brand didn’t use any direct logos, keywords, or phrases to imply that they were official sponsors. The company didn’t even feature the athletes in promotional materials or social media campaigns.