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Marketing News South Africa

Vodacom, MTN to test 2010 ambush marketing rules

The big question, following the Advertising Standards Authority's quite rightly ordering of MTN to withdraw an "ambush marketing" advert that infringed Vodacom's proprietary rights over the name Bafana Bafana, is what will happen in 2010?

Quite simply, MTN is a local FIFA sponsor for the 2010 FIFA World Cup event and as such neither Cell C nor Vodacom will be able to make any mention in their adverts of even the vaguest reference to 2010, soccer, Football World Cup, FIFA and myriad other names that are in the process of being registered by FIFA.

And as South Africa is the host country, the question is whether MTN will then be able to call them "Bafana Bafana" ?

If Vodacom's sponsorship of SAFA extends to 2010, it could end up in the crazy situation where in advertising terms, Vodacom won't be able to say anything at all while MTN can say anything it likes – except to call the South African Football Team by the nickname everyone knows it as.

It's going to be fun watching how the two teams of lawyers handle things.

This week the ASA ordered MTN to withdraw a series of its print advertisement that appeared in the Sunday Times of 10 June 2007, following a competitor complaint from advertising agency FCB South Africa, on behalf of Vodacom. One of the advertisement was headed, “Turning young men into Bafana Bafana.” and also states “MTN, proud sponsor of the MTN cup”.

Vodacom is the sponsor for the South African Football Association (SAFA) and of the men's soccer team which is known as “Bafana Bafana”. The advertisement implies a connection between the MTN and Bafana Bafana, to which it is not entitled.

About Chris Moerdyk

Apart from being a corporate marketing analyst, advisor and media commentator, Chris Moerdyk is a former chairman of Bizcommunity. He was head of strategic planning and public affairs for BMW South Africa and spent 16 years in the creative and client service departments of ad agencies, ending up as resident director of Lindsay Smithers-FCB in KwaZulu-Natal. Email Chris on moc.liamg@ckydreom and follow him on Twitter at @chrismoerdyk.
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