30 Jan Sneak Attacks in the Canadian Sports Advertising Arena
Ambush marketing continues to challenge event organizers, sponsors, and regulators, and is top of mind as we head into the Milano Cortina 2026 Winter Olympics and as Toronto and Vancouver get ready to host FIFA World Cup games in June. Most of these sponsorship deals have already been finalized, so advertising lawyers are now preparing to protect client’s commercial exclusivity … and also advising clients on how to be part of the conversation without running afoul of the intellectual property rules, consumer protection principles, and event specific statutes that govern ambush marketing.
So what counts as ambush marketing? At a high level it involves any promotional activity that creates an association with an event without authorization. It can take the form of an association ambush that implies a sponsorship or affiliation through language, imagery, or themes. Or it can involve an intrusion ambush that inserts a non-sponsoring brand into the event environment, even if it doesn’t suggest sponsorship.
Ambush marketing is not automatically unlawful in Canada, but can be challenged if it infringes IP rights, misleads consumers, or violates special legislation.
For example, Canada has enacted Olympic specific legislation twice, most notably the Olympic and Paralympic Marks Act, which expands protection for Olympic and Paralympic marks beyond the Trademarks Act, prohibits unauthorized commercial association with these events and gives broad enforcement powers to the Canadian Olympic Committee and Canadian Paralympic Committee.
In contrast, Canada has not enacted permanent FIFA-specific ambush marketing legislation. As a co-host of the 2026 FIFA World Cup, Canada will primarily be relying on existing legal tools, such as typical trademark protections for FIFA’s marks and existing prohibitions against misleading advertising. Toronto and Vancouver also have obligations under their Host City Agreements to impose clean zones around venues, restricting signage, vending and advertising within 2 km of venues and 100 m of official fan zones, which will be enforced by local bylaw officers.
Sponsors can therefore protect against ambush by relying on IP enforcement, enforcing their contractual sponsorship remedies and leaning on municipal enforcement. It is also critical to monitor social media and experiential campaigns, and prepare rapid response strategies to help mitigate the potential ambush damage in real time.
Brands that missed out on sponsorship can reduce the risk of their ambush campaign by avoiding protected marks and imagery that strongly evokes the event and instead focus campaigns on general themes like sport or national pride. Be careful about neighbouring rights, as leagues, teams, athletes and even flags have their own IP protections to avoid, unless authorized. Ambushers can also be creative, for example placing physical and digital ads in key proximity to event venues and transit route, while still respecting clean zones.
The trend toward stronger sponsor protection and organizer leverage is unmistakable. Understanding this evolving risk landscape is essential for brands and organizers to navigate the fine line between creative marketing and unlawful association.
To continue the conversation, join Kelly Harris and other leading advertising lawyers from across the globe on February 3, 2026 for the webinar Fair Play or Foul? Ambush Marketing & The World Cup.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Companies are encouraged to seek legal counsel to ensure compliance with applicable laws.
No Comments