Intellectual developments in the area of literary works, photography, songs and art delight in copyright defense under the Austrian Copyright Act. Personal rights such as the right to one’s own photo may also be gone against by an ad campaign. The proprietor of a trademark with online reputation could request third parties to refrain from making use of a same or comparable indicator for products or solutions which are not similar to those protected under the hallmark.


To the owner of copyright rights, Austrian legislation offers treatments such as an action for initial or irreversible order, compensation, orders for disposal and devastation or magazine of the reasoning. The holder of civil liberties could also initiate criminal procedures versus the infringer in different deliberate cases. Ambush Advertising and marketing campaigns are normally temporary. Ambush Advertising and marketing cases are for that reason seldom workable and the plaintiff will generally be referred to problems – yet damages are difficult to show.

Unfair competition

Unreasonable organization activities include misleading company methods (Sec 2 UWG), replica advertising of business brand names bk8 and other unjust company methods falling within the basic condition of Sec 1 UWG. Furthermore, inning accordance with the Austrian Supreme Court, an unjust exploitation of the excellent credibility of an occasion or incorrect claims in promotions misguiding the general public concerning the condition of the ambusher as a main sponsor could be taken into consideration as unjust competition.

Fifa World Cup Sports as a prime target

The difficulty is Bavaria was not an official World Cup 2010 enroller; Budweiser, a competitor, was. The feat was a fine example of illegal Ambush Advertising. The ladies were accompanied out of the stadium yet the goal (then some) had been achieved: boosted exposure of Bavaria’s trademark without needing to pay official sponsorship fees. The protection of trademarks with online reputation is even more powerful.