As the London 2012 Olympics draw closer and preparations are under way, so too are actions against businesses that falsely represent an association with the Olympic brand.
As the £2 billion cost for staging and hosting the Olympic Games is being met by private sponsorship, it is no wonder sponsors are keen to ensure they have an exclusive right of association with the Games. The London Organising Committee for the Olympic Games (LOGOC) is demonstrating a proactive approach in asserting its rights in relation to the Olympic brand, both to protect its valued sponsors and the prestige of this iconic brand.
In addition to traditional forms of protection (for example, through registered trade marks), the Olympic brand further benefits from the London Olympics Association Right. This right is infringed by the use in trade of any representation (for example, a brand, slogan or logo) in a manner likely to suggest to the public there is an association between the London Olympics and goods or services, or the supplier of them. The new right was introduced by the London Olympic Games and Paralympics Games Act 2006 (2006 Act). It extends an earlier Olympic Association Right (conferred by Olympic Symbol etc (Protection) Act 1995) that prevents use of the Olympic and Paralympic symbols, mottos and other protected words.
The 2006 Act provides a list of expressions in order to guide the courts as to what may constitute an infringement. The first group of expressions includes the words 'Games', 'Two thousand and twelve', '2012' and 'twenty twelve', whilst the second group contains more commonplace words, such as 'gold', 'silver', 'bronze', 'London' and 'summer'. A combination of any two expressions in the first group (for example, '2012 Games'), or of any expression in the first group with any expression in the second group, (for example, 'summer games'), may infringe the association right. The guidance is not definitive. In effect, any representation used in the course of trade that the public would associate with the London Olympics may lead to an infringement action.
There are situations where the Olympic brand may be used without consent, for example, in news reporting. There are other exceptions, but these are limited and advice should be sought before seeking to rely on them.
Businesses therefore need to tread carefully when considering marketing strategies, to ensure they do not falsely represent any association or affiliation with the Olympic brand. Infringements may lead to fines, damages and/or injunctions.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
