With the Milan Cortina Winter Olympics on the horizon, many brands are considering how to engage with the increased public attention surrounding the Olympics. While such big ticket events offer countless marketing opportunities, it is critical to ensure that non-Olympic Partners are careful when pursuing their campaigns to ensure that they do not fall foul of the numerous laws concerning ambush marketing.
The Olympic Games benefit from a suite of measures in place to prevent ambush marketing. In addition to established trade mark and unfair competition laws, strict ticket terms and conditions, Italy has introduced specific anti-ambush marketing legislation aimed at protecting the Olympics and their official sponsors.
Brands planning marketing activity during the Olympic period should understand how these rules operate, particularly where campaigns are digital, cross-border or athlete-led.
What is ambush marketing?
Ambush marketing broadly refers to marketing activity that seeks to create an unauthorised association with a major event, allowing a brand to benefit from the event’s reputation, goodwill or audience without paying sponsorship fees.
In practice, ambush marketing risks tend to arise where marketing activity overtly references the Olympic Games or implies official status, for example using protected Olympic terms, symbols or making claims of a partnership. Less obvious, but equally risky, are marketing campaigns that stop short of explicit references to the Olympics, yet rely on Olympic related imagery or timing, such as winter sports visuals, podium or medal imagery, or posting on social media which is deliberately aligned with headline Olympic moments.
Similarly, real-time social media activity responding to Olympic results, or advertising placed near venues or fan zones, attracts heightened scrutiny, particularly during the protected period of the Games. In all cases, the assessment turns on the overall impression created by the marketing in question rather than the mere presence of official branding.
Italy’s anti-ambush marketing legislation
An extra layer of protection is afforded to the Milan Cortina Winter Olympics as Italy has introduced specific anti-ambush marketing provisions under Law Decree No. 16 of 11 March 2020, converted into law as Law No. 31 of 8 May 2020. The regime applies to major sporting events designated by the Italian authorities, including the Olympic and Paralympic Games.
At a high level, the legislation prohibits unauthorised commercial activities that exploit the name, symbols, reputation or visibility of a protected event where those activities create an impression of an association with the event.
The protection is not limited to registered trade marks, and indirect or implied associations may be sufficient.
Territorial scope and digital visibility
The Italian anti-ambush regime applies to marketing activities that are visible in Italy. This territorial element is particularly important for international and UK-based businesses.
Physical advertising and promotional activity located in Italy will clearly fall within scope. Digital marketing may also be caught where it is targeted at, or readily accessible to, Italian consumers.
Relevant factors may include language, geo-targeting, use of Italian platforms or media outlets, pricing in euros, or Italian-specific calls to action.
By contrast, genuinely UK-only marketing, with no Italian targeting or visibility, may fall outside the Italian statutory regime. However, that does not mean it is risk-free.
The 90-Day protected period
The Italian legislation applies during a protected period of up to 90 days before the start of the event (which we are now well within), as well as during the Olympics themselves.
This means enforcement risk does not begin on the opening ceremony. Marketing activity in the lead-up to Milan Cortina 2026 may be caught if it creates an unauthorised association with the Olympics.
Long-running digital campaigns, seasonal winter promotions and pre-booked advertising should be reviewed carefully to ensure they do not fall within this high-risk window.
Practical suggestions: do’s and don’ts for non-sponsors
Don’t:
- Use any official trademarks or logos of the IOC or British Olympic Association;
- Underestimate the potential adverse legal and reputational consequences;
- Use risky themes or word combinations that imply a connection (e.g., combining city names with event types);
- Re-post official event content for your own promotional purposes without explicit permission; or
- Underestimate the risk of passing off or misleading advertising under UK law. Marketing that avoids Italian enforcement risk may still infringe UK rights if it creates a misleading association with the Olympic Games in the UK market.
Do:
- Seek specialist legal advice before running any marketing or PR activity that might touch on a major event;
- Gain legal advice if you are specifically trying to create any form of association with a major sporting event;
- Consider implementing an anti-ambush marketing policy within your organization, especially covering social media activity;
- Consider using generic language and themes that relate broadly to sport without directly linking to a specific event;
- Obtain all relevant consents and permissions when featuring athletes in your advertising campaigns, clearing their image rights for your specific use;
- Become familiar with any ambush guidelines published by the event organiser in question;
- If you receive a cease and desist letter, take prompt legal advice; and
- Consider careful geo-targeting and internal approvals for digital campaigns with international reach.
Final thoughts
The commercial attraction of the Milan Cortina Winter Olympics is undeniable. So too are the legal risks of ambush marketing.
Italy’s anti-ambush marketing legislation, combined with strong UK and international intellectual property protection, means that brands must think carefully about where their marketing is visible, how it is framed, and what impression it creates.
At Fox Williams, we advise brands and agencies on navigating ambush marketing risk and structuring compliant campaigns around major sporting events, including Milan Cortina 2026. Early advice can help avoid costly enforcement action and reputational damage.
