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1 | (22) |
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21 | (2) |
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2 The Commercial Monopoly in Sports Mega-Events |
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23 | (68) |
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23 | (9) |
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2.2 Commercial Rights to Mega-Events: The `Nuts and Bolts' of How It Works |
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32 | (26) |
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2.3 The Development of the Modern Mega-Event Sponsorship Model |
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58 | (13) |
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2.4 Category Exclusivity of Sponsorships of Mega-Events |
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71 | (15) |
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86 | (5) |
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88 | (3) |
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3 Ambush Marketing of Sports Mega-Events |
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91 | (68) |
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91 | (2) |
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3.2 What Is `Ambush Marketing'? |
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93 | (12) |
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3.3 The Available (Traditional) Legal Bases for Protection Against Ambush Marketing |
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105 | (32) |
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3.3.1 Claims of Rights in the Founding Documents of International Sports Organisations |
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106 | (1) |
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3.3.2 Contractual Regulation of Commercial Rights to an Event |
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107 | (8) |
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3.3.3 Control of (Access to) Event Venues |
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115 | (6) |
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3.3.4 Advertising and Sponsorship Codes of Practice |
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121 | (3) |
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3.3.5 Intellectual Property Rights and Common Law Unlawful Competition Protection |
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124 | (6) |
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3.3.6 The Use of a Combination of Grounds |
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130 | (7) |
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3.4 Is All `Ambushing' Necessarily Ethically, and Legally, Wrong? |
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137 | (18) |
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155 | (4) |
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156 | (3) |
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4 Harnessing Special Laws to Protect Commercial Rights to Sports Mega-Events |
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159 | (134) |
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159 | (1) |
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4.2 `We Want Special Laws, or Else |
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160 | (11) |
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4.3 Evaluating the Legitimacy of Demands for Special Legal Protection of Commercial Rights to Mega-Events |
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171 | (16) |
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4.4 The Special Legislation to Protect Commercial Rights to Mega-Events: An Overview of Selected Jurisdictions |
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187 | (101) |
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4.4.1 The Applicable Anti-Ambush Marketing Legislation in Brazil |
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189 | (11) |
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4.4.2 Anti-Ambush Marketing Protection in India |
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200 | (6) |
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4.4.3 The Applicable Anti-Ambush Marketing Legislation in the United Kingdom |
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206 | (17) |
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4.4.4 The Applicable Anti-Ambush Marketing Legislation in New Zealand |
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223 | (6) |
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4.4.5 The Applicable Anti-Ambush Marketing Legislation in South Africa |
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229 | (15) |
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4.4.6 The Applicable Anti-Ambush Marketing Legislation in Australia |
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244 | (6) |
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4.4.7 The Applicable Anti-Ambush Marketing Legislation in Canada |
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250 | (5) |
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4.4.8 The Applicable Anti-Ambush Marketing Legislation in the Russian Federation |
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255 | (7) |
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4.4.9 The Applicable Anti-Ambush Marketing Legislation in China |
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262 | (7) |
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4.4.10 Applicable Anti-Ambush Marketing Protection in the United States of America |
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269 | (19) |
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288 | (5) |
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289 | (4) |
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5 Mega-Event Rights Protection and Intellectual Property Laws |
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293 | (122) |
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293 | (8) |
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5.2 Do Event Organisers Enjoy a Special IP Right in the Name of Their Event? |
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301 | (21) |
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5.2.1 What is an `Event Mark'? |
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302 | (10) |
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5.2.2 Sepp Blatter and the Chocolate Factory |
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312 | (10) |
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5.3 `IP+ Protection' in Sui Generis Mega-Event Legislation |
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322 | (72) |
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5.3.1 Requirements for Establishment and the Scope of Protection |
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327 | (46) |
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5.3.2 Turning Words into Property; or the Development of a `Monopoly on Language' |
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373 | (21) |
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5.4 Evaluating the Legitimacy of `IP+' Event Protection in Light of the Traditional Theories of IP Law |
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394 | (13) |
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407 | (8) |
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411 | (4) |
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6 Mega-Event Rights Protection and Competition (Antitrust) Laws |
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415 | (72) |
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415 | (3) |
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6.2 Examining the Competition Law Implications of Mega-Event Commercial Rights Protection |
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418 | (53) |
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6.2.1 Is Sponsorship Exclusivity in Respect of Events Legal? |
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419 | (52) |
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6.3 Sui Generis Mega-Event Legislation and Their Potential Competition Law Implications |
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471 | (11) |
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6.3.1 Sui Generis Event Legislation as State Grants of Exclusive Rights: Some Guidance from the EU? |
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472 | (4) |
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6.3.2 The Potential Anti-Competitive Effects of Sui Generis Event Legislation: A Very Brief Overview |
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476 | (6) |
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482 | (5) |
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483 | (4) |
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7 Mega-Event Commercial Rights Protection and Human Rights |
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487 | (70) |
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487 | (4) |
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7.2 Freedom of Expression |
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491 | (41) |
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7.2.1 `Ambush Advertising' and Freedom of Commercial Expression |
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496 | (20) |
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7.2.2 `Clean Zones' and Freedom of Speech |
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516 | (8) |
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7.2.3 Airlines, Dogs and Yoga Clothing: Of Parody and Common Sense |
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524 | (5) |
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529 | (3) |
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532 | (10) |
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542 | (6) |
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548 | (9) |
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554 | (3) |
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8 `Jumping on the Brand Wagon': `Association Rights' and the Thematic Space of the Sports Mega-Event |
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557 | (86) |
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557 | (2) |
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8.2 Is the Public Good Served By Sui Generis Protection of Commercial Rights By Means of Special Events Legislation? |
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559 | (20) |
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8.3 What, Exactly, Does Such Special Event Legislation Aim to Protect? |
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579 | (29) |
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8.4 What, Exactly, Does Such Legislation Prohibit? |
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608 | (9) |
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8.5 Those Magnificent Young Ladies with Their Little Orange Dresses: How Anti-Ambushing Laws Lose the Plot |
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617 | (14) |
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8.6 Counting the Costs of Such Legislation in the Greater Scheme of the Hosting of Mega-Events |
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631 | (3) |
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634 | (9) |
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641 | (2) |
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9 In Defence of the Monopoly? |
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643 | (46) |
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643 | (2) |
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9.2 `Show Me the Money!': How Self-Proclaimed `Non-Profit' Event Organisers Rake in the Mega-Event Profits |
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645 | (11) |
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9.3 The `Survival of the Games' Rhetoric in Support of Aggressive Anti-Ambushing Measures and Special Laws |
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656 | (19) |
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9.4 `And in this Corner: The Squeaky-Clean Money-Men?' |
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675 | (7) |
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682 | (7) |
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687 | (2) |
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689 | (56) |
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689 | (2) |
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10.2 How Laws are Abused to Protect Commercial Rights to Mega-Events Against Ambush Marketing: A Summary |
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691 | (13) |
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10.3 Modern Challenges and Expectations for the Future |
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704 | (12) |
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10.3.1 Expanding the Monopoly: The Evolution of a Potential `Sports Event Organiser's Right'? |
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705 | (4) |
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10.3.2 Ambush by Social Media |
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709 | (5) |
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10.3.3 The Changing Face of the Modern Ambush |
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714 | (2) |
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10.4 How Do We Fix Things? |
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716 | (18) |
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10.4.1 A Few Suggestions for the Host Nation Lawmakers |
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718 | (11) |
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10.4.2 A More Radical Suggestion for a Uniform Solution |
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729 | (5) |
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734 | (11) |
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743 | (2) |
Appendix A |
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745 | (6) |
Appendix B |
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751 | (4) |
Glossary |
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755 | (2) |
Index |
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757 | |