Ambush Marketing: opportunities, risks and legal boundaries in sporting events

Major events with international reach represent prominent opportunities for publicity and brand strengthening for companies of all sizes. In a period shaped by the FIFA 2026 World Cup, the NFL Rio Game, which will pioneeringly take place in Rio de Janeiro, and the upcoming FIFA Women’s World Cup, to be hosted in Brazil in 2027, companies are presented with a singular chance to amplify their visibility through events capable of engaging billions of spectators worldwide.

However, the pursuit of exposure in association with such events may not always be carried out adequately. Without due observance of the applicable rules, certain marketing strategies may overstep legal boundaries established and result in unlawful acts, with potential impacts in distinct areas such as Intellectual Property, Unfair Competition and undue association with third-party companies. In this context, the Ambush Marketing concept gains relevance, a practice that has been occupying a significant position in both advertising and legal debates, especially during massive sporting events.

Ambush marketing: what is it?

 In brief, ambush marketing consists of the adoption of strategies that aim to associate, either directly or indirectly, a trademark, product or service with certain events without any legitimate commercial relationship between the parties. The aim is therefore to take advantage of the notoriety and visibility generated by the event to gain media exposure and competitive advantages without the usually required investments by the official sponsors — practice commonly described as a way of free riding.

Ambush marketing may also function as a mechanism for the dissemination of counterfeit goods, and it is common, in this context, for irregular products to be marketed bearing the brands of their agents in association with the visual identities of the event or even those of official sponsors.

In Brazil, the Act nº 14.597/2023 (General Sports Act) consolidated important mechanisms to curb this conduct, defining two main forms:

1. Ambush marketing by association: When a trademark, product or service is promoted leading consumers to wrongly believe that there is an affiliation, sponsorship, or endorsement by the official event organizer (article 170).
2. Ambush marketing by intrusion: defined by the unauthorized exposition of a trademark, product or service in environments related to the official event, with the aim of capturing public attention and obtaining an economic or advertising advantage (article 171).

Practical scenario

As major sporting events began to mobilize increasingly large volumes of investment, broadcasting rights, sponsorships, and intellectual property assets, concerns over the legal protection of the interests involved also intensified.

It is not a coincidence that Brazil developed a specific and temporary legislation for the 2014 FIFA World Cup and the Rio 2016 Olympic Games (respectively, Acts nº 12.663/2012 e nº 13.284/2016) which, among other provisions, defined extraordinary mechanisms to protect intangible assets related to these tournaments. Beyond these specific norms, the protection of such actives in major competitions is also supported by a wide range of legal instruments, included but not limited to the Industrial Property Act, the Copyrights Act, the Consumer Defense Code, the Code of Advertising Self-Regulation (CONAR) and the General Sports Act.

From this standpoint, one of the main challenges that legal departments and marketing teams face lies precisely in identifying the boundaries between a creative, legitimate and commercially effective advertising campaign and an improper association with the event. In other words, taking advantage of the interest generated by major sporting competitions is completely possible, provided that the strategy is structured without suggesting non‑existent links, sponsorships, or endorsements, and in compliance with the applicable legislation and the guidelines established by the organizers.

FIFA itself has reinforced this concern. For the 2026 World Cup, the entity has issued detailed guidelines governing the broadcasting of matches, as well as the use of trademarks, symbols, expressions and other related elements, reinforcing the exclusivity granted to the organization and its official sponsors. In parallel, it is worth highlighting the application of the clean stadium concept, which will result in the suspension of naming rights and in the adjustment of various visual identification elements of stadiums that will host the World Cup.

More than restraining practices, these measures reflect an increasingly clear trend: the valorization of assets associated with major sporting events and the protection of investments made by their commercial partners. For companies, the message is clear: major events keep providing valuable opportunities for exposure and brand building. The real differentiator lies in turning this potential visibility into tangible results, without overstepping the legal boundaries that govern the competitive environment.

We remain available to support risk assessments, review practices, and ensure compliance with legal guidelines, particularly in the context of the major events that are upcoming. For more information, please contact our team: mkt&ent_law@kasznarleonardos.com.