Avoiding The Penalty Box: A 2026 Winter Games Guide To Olympic Marketing Law

If (like us) you've binged one of this season's most talked‑about shows, Heated Rivalry, you're probably familiar with the Team Canada sweater frenzy.

If you haven't (in which case, what are you waiting for?!), here's what you need to know: at one point in the series, a fictional hockey player appears wearing a Team Canada fleece sweater. This was a costume created for the show, not actual Team Canada gear. But the look quickly took on a life of its own online, with fans calling for an official release and debating who could (or should) make it.

While Shane Hollander and his now-infamous sweater are fiction, the legal risks around Olympic-related IP and advertising are significant and therefore branding and IP questions raised are very real. These risks will intensify around Milano-Cortina 2026, and Canadian advertisers wanting to get in on the Olympic spirit should proceed with caution. One misplaced maple leaf or overly enthusiastic social post can land a brand squarely in the advertising penalty box, because when it comes to marketing around the Games, the rulebook is strict and the referees are attentive.

Before stepping onto the Olympic (advertising) ice, check out our high-level review below on the rules that you should keep in mind, including a notable update since Paris 2024.

Rule 40: Promoting athletes, carefully

Advertising related to the Olympic Games is strictly regulated by the International Olympic Committee ("IOC") and National Olympic Committees of participating countries. In Canada, this is the Canadian Olympic Committee ("COC"), which has implemented Rule 40 Guidelines for Athletes and Personal Sponsors.

These guidelines limit how non‑Olympic sponsors can use Olympic athletes in advertising during restricted periods around the Games. They are particularly relevant to businesses who sponsor or have partnerships with a particular athlete (as opposed to Team Canada or the COC generally) and are of particular relevance to online/social media advertising.

Notably:

• As a key requirement, if a non-Olympic sponsor wants to run promotional material featuring their athlete during the period immediately surrounding the Games, they must have had related material in market prior to October 29, 2025, or obtain special permission from the COC. This means that (subject to a few very limited exceptions) it's already too late to start running any such material, unless you obtain the COC's blessing.
• The Guidelines impose major restrictions on showing Olympic or Team Canada imagery or images of Olympic venues, and on referencing the Olympics or an athlete's performance.
• The Guidelines don't only apply to advertisers; they also restrict what an athlete can post about their sponsors.

For more, see our dedicated Rule 40 Playbook, which walks through both sponsor and athlete guidelines step‑by‑step.

Update:

Since the Paris Games, the COC's Rule 40 Guidelines were updated to explicitly confirm that the guidelines apply to mobile apps, podcasts, experiential or live events, and product placement.

Ambush marketing: New host city, same legal rules

Ambush marketing—implying an association with a major event, such as the Games, without being an official partner or sponsor—comes into the spotlight every Olympic cycle. Whether it's a wink‑wink reference to the host city, a maple‑leaf‑heavy campaign, or a "winter of sport"-style tagline, even subtle references can trigger enforcement where they suggest a false connection to the Olympic Games or to Team Canada.

Rather than ski the same trail again, we invite you to check out our previous ambush marketing article, which carves deeper into what crosses the line and what doesn't.

Olympic trademarks: Don't skate too close

Olympic trademarks and indicia—including names, logos, mottos, host‑city‑year combinations, and in Canada, powerful official marks like "Team Canada"—benefit from unusually broad protection. Unauthorized use can amount to infringement, passing off, or depreciation of goodwill, even when used decoratively or indirectly.

The COC can prohibit the adoption of marks "so nearly resembling" its official marks that confusion may arise. For a comprehensive overview of what's protected and how brands can remain compliant, our Olympic-protected marks article provides a full legal breakdown.

The bottom line

Every two years, the Olympics bring us new cities, new national heroes, and new advertising opportunities for brands. But the legal rules underpinning these remain largely the same.

Read the original article on GowlingWLG.com

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.