Jason Nathu
As athletes from around the world take centre stage in Rio de Janeiro over the next two weeks, everyone is caught-up in the excitement of supporting Team TTO. But while fans are encouraged to express their support for the national team, the same rules do not apply to brands or business owners.
The Olympic brand is an attractive proposition for sponsors, due to the global visibility and goodwill associated with the games. As such, multinational corporations dish-out millions of dollars for the privilege of becoming affiliated with the Olympics. Much of this money goes towards funding the organisation of the games, and it is for this reason that the International Olympic Committee (IOC) has taken very strict measures to protect its brand across the world.
Ambush marketing
Olympic mania presents an irresistible opportunity for companies who either cannot afford to be official sponsors, or choose not to be, to jump on the bandwagon. But the Rio 2016 Brand Protection Guidelines specifically prohibits “any intentional or unintentional attempt to create a false, unauthorised commercial association with an Olympic brand or event.”
The guidelines state it is forbidden “to use the Rio 2016 brands in association with any kind of propaganda, whether partisan, religious, political and, especially, advertising with the purpose of promoting the sale of products and services.”
In this regard, words such as “medal,” “gold,” “silver” or “bronze” may be off limits to local advertisers, if used in combination with any words or elements to suggest an unauthorised commercial association with the Rio Games. This also applies to posts on social media networks by local businesses.
These guidelines were designed to prevent “ambush marketing” a term used where an unofficial advertiser misleadingly creates an association with the games, in the minds of the public.
Intellectual property rights
The IOC has obtained international protection of its intellectual property assets through treaty law. This is further codified in Rule 12A of the Trade Mark Rules, annexed to the Trade Marks Act Chap. 82:81.
The intellectual property of the games comprises logos, symbols (such as the rings and torch), images, videos, mascots and songs. The IOC has registered and obtained protection for multiple trademarks in T&T, and may thus be able to bring action against any person or entity who uses the marks in an unauthorised manner.
Athletes’ images
Rule 40 of the Olympic Charter restricts the participation of athletes who are competing in the Games in advertising campaigns, during the competition period, as well as 15 days before and after competition. The rule states: Except as permitted by the IOC executive board, no competitor, coach, trainer or official who participates in the Olympic Games may allow his person, name, picture or sports performances to be used for advertising purposes during the Olympic Games.
This column is not legal advice. If you have a legal problem, you should consult an attorney.