Intellectual Property Law

SUM and MLS v Black & Decker Re Soccer 'Ambush Marketing'

By Marty Schwimmer

Plaintiffs Soccer United Marketing and Major League Soccer have a dominant position in marketing soccer (FIFA and MLS) in the U.S. It grants sector licenses and Makita is the 'offical power tool' of plaintiffs. Defendant Black & Decker's DeWalt sub allegedly practiced 'ambush marketing' by offering ticket giveaways and tail-gate parties associated with soccer. Plaintiffs sue on TM grounds as well as breach of contract (arising from the license on the tickets).

In September, we reported on a D NJ case in which the Philadelphia Eagles sued a local radio station for 'ambush marketing,' including the use of tickets in a give-away. That case settled, pursuant to which defendant was enjoined from further ticket give-aways and use of the Eagles' marks.

Complaint Ambush Marketing Sum Mls Dewalt

Full post as published by Trademark Blog on December 22, 2009 (boomark / email).