A legal notice has been gazetted warning about the use of unauthorised “ambush” marketing during the America’s Cup.

The Restricted Marketing Order, matching that used during the Louis Vuitton America’s Cup World Series event in October, is intended on preventing “commercial exploitation” by companies not affiliated with the America’s Cup.

In a statement issued this morning, an ACBDA spokeswoman said: “This prohibits attempts to position branding, signage and advertising in any locations where it will be in view of television cameras or spectator crowds, including aerial footage, as the races are broadcast from Bermuda.

“Ambush marketing is where companies unfairly advertise their products and services at the expense of official commercial partners and sponsors, who have paid for the official rights to promote their businesses in association with the America’s Cup.

“Another part of the official notice, and for similar reasons, is a restriction on street trading by new operators in the Restricted Marketing area without the appropriate permission. This again is intended to protect local businesses who have succeeded in an official tender process to be an official supplier or service provider to the America’s Cup in these areas. It also helps to prevent the sale of counterfeit merchandise and ambush marketing in these areas.

“It is important to note that the Restricted Marketing Order has been designed so it does not impact on existing companies who are acting in the normal course of their business where there is no attempt to associate with the event and the street trading restrictions will not apply to existing street traders with already assigned locations.”

The restricted marketing area includes the on water and waterside areas around the Great Sound, islands in the harbour, parts of Hamilton and the railway trail, and the entire area from Mangrove Bay to Dockyard.

The regulations also prevent businesses or persons from using the words “America’s Cup” or any related emblems in advertising without the permission of the ACEA.

“This type of regulation is commonplace with large sporting events, as the event expenses are largely paid for by commercial partner participation,” the spokeswoman continued. “Partners see value in their financial contribution, with extra business and marketing exposure that comes from being associated with a prestigious global event that attracts global television audiences.

“It is important, therefore, that a company that is not an official partner of the event, should also not benefit from the event. This protects the rights of official commercial partners and sponsors.

“It is this same intent to protect commercial partners’ rights that is reflected in the list of Prohibited Items in the Terms & Conditions of entry to America’s Cup Village, to prevent commercially branded clothing and objects from being used in an obvious attempt at ambush marketing. Individuals can wear any clothing they wish, branded or otherwise, if it is not a part of a marketing exercise.”

The spokesman said that any new vendors who wish to set up shop outside of the restricted marketing area should make sure they have all the necessary permits, inviting them to contact the Bermuda Economic Development Corporation with any questions.

Meanwhile those with questions about the restrictive marketing order should contact the Bermuda Government’s America’s Cup office at 295-5151 ext 4722.