Court orders food producer Eskort to remove 'Springbox' ambush marketing

15 September 2023 - 13:18
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The Springboks pose for their official team photo at their hotel in Sablettes before their Rugby World Cup opening match against Scotland in Marseille. It was the second time they wore their away jersey.
The Springboks pose for their official team photo at their hotel in Sablettes before their Rugby World Cup opening match against Scotland in Marseille. It was the second time they wore their away jersey.
Image: Steve Haag (Gallo Images)

The South African Rugby Union (Saru) has won the legal battle to have food company Eskort cease its ambush marketing campaign using  the Springboks.  

Saru took the company to the Gauteng High Court after Eskort erected a billboard on the bridge over the main road entering OR Tambo International Airport, wishing the Springboks well for their Rugby World Cup title defence in France.  

The billboard read “Go Springbox Love Eskort”, accompanied by the Boks’ green and gold colours and the South African flag.  

Saru accused the food producer of ambushing its intellectual property (IP) rights and the Springboks brand.  

The union said the court ordered Eskort to remove the “marks and get-up from all signage, marketing material, goods and/or products of any nature, including banners ... posts and publications of the respondent’s infringing marks on all and any websites, social media and other electronic platforms”.  

Saru also said the matter is still to be argued at a later date.  

“We will do what we have to to protect our rights and those of our valued partners who are being shamelessly ambushed,” said SA Rugby CEO Rian Oberholzer.  

“We cannot allow companies to leverage their brand off the back of the Springboks brand when our real supporters in corporate South Africa — who enable us to put the Springbok rugby team on the field — are paying for the rights to use our IP.  

“Companies such as MTN and FNB who joined us in the hard times and are still with us with long-term supporters such as Castle and our other sponsors have shown true support by backing the Boks financially.  

“They and our broadcast partner pay us for exclusivity in their area of business to use the Springbok brand and logo and have access to other assets.  

“They are not free to use for anyone who takes a fancy and those companies that understand the rules of IP and dance around them, associating with the team but without breaching the IP, are just as damaging. If they want to support us, they must do it in the right way and through the right channels.”  

Saru said it also succeeded in closing online retailers of counterfeit apparel, all of whom have been exploiting Rugby World Cup fever with more established corporates.  

Saru director of rugby Rassie Erasmus made a plea on behalf of the team, calling for respect for the Boks' sponsors.  

“We appreciate the backing and support the Springboks are receiving and as a team we feel it here in France,” Erasmus said.  

“But guys, can we please respect our sponsors who have carried us financially and have walked a long way with the team? If you have the means, it would be great if you came on board as sponsors and joined our loyal group of partners. 

“We appreciate every bit of support — from those sending messages, cheering for the team and simply watching our matches. It has been inspiring us to give everything on the field. Thank you to the whole of South Africa for your passionate support.”  

The Springboks continue their World Cup campaign against Romania in Bordeaux on Sunday (3pm SA time).


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