Ambush marketing at World Youth Day
To those of you bent on interrupting the pope’s proselytising with a spot of ambush marketing at World Youth Day in Sydney this week, make sure that you apply for approval.
What approval?
You have to apply to the World Youth Day Co-ordination Authority [set up under the the World Youth Day Act 2006 (NSW) (WYD Act)] for approval to display or caused to be displayed an advertisement in an "advertising controlled airspace" during the relevant prescribed period. (Application form available HERE).
According to the official WYD website "for a week in July (14 - 21 July), Sydney-siders will see around them the faces of visitors from more than 170 nations as they participate in Youth Festival Events, welcome Pope Benedict XVI, watch the Stations of the Cross, take part in the Pilgrimage Walk and join the Vigil and Final Mass at Randwick Racecourse."
What they will not see is unauthorised advertising "within the unaided sight of Randwick Racecourse and the Barangaroo site", according to regulation 6(1) of the World Youth Day Regulations 2008 (NSW) (WYD Regs) or at the places prescribed in regulation 6(2) for the purposes of section 46C of the WYD Act (but only for the period (or periods) prescribed for each such venue or facility in Column 2 of the Table in that regulation). Or in other words, until Sunday.
There is more protection for commercial sponsors of WYD. Section 46 of the WYD Act is concerned with the sale and distribution of articles in certain public places and section 46B of the Act prohibits certain advertising on buildings and structures in an area is designated an "advertising controlled site".
By section 46B(3) of the WYD Act, “a person who is the owner or occupier or the holder of a lease or licence relating to a building or structure that is (or is part of) an advertising controlled site must not, while the land is an advertising controlled site, cause or permit any advertising material to be fixed to or placed on, or to remain on, the building or structure” without authorisation, or the material may be obliterated or removed by an authorised official.
Exceptions to the prohibition of advertising on buildings and structures include:
- if the material was fixed or placed before the area became an advertising controlled site (unless the material is obscene, offensive or inappropriate).(Reg 5) ; and
- if the advertising material has an area of not more than one square metre, or comprises a series of related advertisements that together have an area of not more than one square metre (Section 46B(8).
Apart from prohibiting the sale of certain “Prescribed articles” set out in regulation 4 (prayer-ware?), the legislation and regs do not include prohibitions that have become commonplace in this country for major events, from non-sponsors using official insignia and phrases such as "World Youth Day". Presumably this is because the sponsor’s demands are few, and the event budget - largely underwritten by Government – is not at risk.
Instead, the event organisers rely on Trade Mark No: 1104432 registered for the words: "WYD SYD 08 WORLD YOUTH DAY SYDNEY 2008" (stylised as a logo) in classes 3, 4, 9, 11, 14, 16, 18, 20, 21, 24, 25, 28, 30, 32, 33, 35, 41 and 43. The organisers may also seek to rely on common law passing off, the Trade Practices Act (does the Catholic church act in "trade and commerce"?) or infringers might just be Struck Dead by God (see Acts 5:1-11) to deal with issues such as knock-offs of the famous "Vatican" brand red shoes.
