For the 2012 and 2013 Regattas on San Francisco Bay
City and County of San Francisco
Draft for Public Review
a. The 34th America’s Cup Host and Venue Agreement (the “Agreement”), signed by the City and County of San Francisco (the “City”), the America’s Cup Event Authority (the “Authority”), and the America’s Cup Organizing Committee (the “ACOC”), requires the City to develop and submit to the Authority an “Ambush Marketing Action Plan” by March 31, 2011. b. “Ambush Marketing” as described herein is defined as any advertising, communications, commercial identification or other activity undertaken by a person or entity that is in an attempt, whether intentional or unintentional, to imply or create a false or unauthorized commercial association with the 34th America’s Cup, ACOC, ACEA, any of the America’s Cup official regattas, the America’s Cup World Series or any sanctioned event or venue officially associated with the 34th America’s Cup. Ambush Marketing includes: a third party's use of creative means to generate a false association with the 34th America’s Cup, a third party's infringement of the various laws that protect the use of 34th America’s Cup imagery and indicia, and a third party's interference with the legitimate marketing activities of the Event Authority’s marketing partners.
c. The City acknowledges the importance of protecting the rights (including the Intellectual Property Rights) owned by the Authority and those which are licensed or otherwise granted to the Event Sponsors and other Commercial Affiliates by the Authority and stands ready to take all appropriate measures to prevent ambush marketing activities and to preserve the rights of Event Sponsors and other Commercial Affiliates to be associated with the 34th America’s Cup. d. This Plan is intended to address the intellectual property, sponsorship and other rights owned or licensed by the Authority. Nothing in this Plan is intended to limit the individual free speech rights protected by the United States Constitution. e. This Ambush Marketing Action Plan is offered to the Authority in satisfaction of the requirements in Section 10.3 of the Agreement. This Plan is based on the current understanding of the America’s Cup event plans that will be refined as those plans are further developed. f. The remainder of this Ambush Marketing Action Plan is organized as follows: Host and Venue Agreement Provisions, Existing Legal Basis to Prevent Ambush Marketing, and Ambush Marketing Action Plan.
2. Host and Venue Agreement Provisions
a. Section 10.3 of the Agreement requires the City and the Committee to work with the Authority to develop and thereafter implement a mutually agreed upon anti-ambush program (the “Ambush Marketing Action Plan”), to the full extent permitted by law, to protect the Event from ambush marketing, to protect from the sale of counterfeit products and to prevent ambush activities both proximate to the Event and
Draft for Public Review
elsewhere in the City and the San Francisco Bay Area. The Ambush Marketing Action Plan identifies the following specific tasks: i. the identification of the existing legal basis to prevent ambush marketing;
ii. if deemed necessary or desirable by the City and the Authority, passing further specific legislation in order to prevent any improper association with the Event; iii. the prohibition during the Event and for period of one month before and one week thereafter of any unauthorized public display or advertising (other than those expressly authorized by the Authority) around or near Venue (as described in clause (v) of Section 10.1) areas in the City (and for those Venue areas outside the geographical boundaries of the City, the City will endeavor to include in the applicable Governmental Authority MOU similar ambush marketing prohibitions as allowed by the Governmental Authority exercising...