IP & the Olympics: Practical Points for Brand Owners

As the world waits to watch the opening ceremony of the 2024 Olympic Games in Paris, our Intellectual Property team considers the key IP protections associated with the Games. In addition, they discuss the risks which companies should be aware of before diving into Olympic-centric marketing campaigns.

All eyes are on Paris this week as the 2024 Summer Olympic Games officially commence on Friday 26 July 2024 and will run until Sunday 11 August 2024.

As one of the largest sporting events in the world, it is anticipated that 10,714 athletes will compete in front of a global worldwide audience of more than 3 billion people.

Given the popularity of the Olympic Games and the significant amount of sponsorship and commercialisation of the event, we consider some of the important IP considerations which companies should be aware of.

IP protections and prohibitions

The OLYMPIC and PARALYMPIC trade marks, symbols, emblems, flags, hymns and mascots benefit from extensive legal protection as they are vital to securing the financial sustainability essential for hosting both events.

While the Olympic Games are a global phenomenon, the International Olympic Committee (IOC) is a non-profit organisation. It generates most of its income from broadcasting rights and marketing rights. According to the IOC, its revenue for the period from 2017 to 2020/21 was USD7.6billion[1]. This covered the Olympic Winter Games in PyeongChang 2018 and the Olympic Games Tokyo 2020 which took place in 2021.

A quick review of the OLYMPIC SHOP at https://shop.olympics.com/en/ shows the extent of OLYMPIC related merchandise on offer, from clothing to toys, plush mascots, to stationery, homewares and accessories.

The IOC currently also has exclusive global rights agreements in place with 15 companies through its The Olympic Partner (TOP) Programme[2]. The TOP Programme is a worldwide programme managed by the IOC. There are also domestic Olympic Games sponsorship programmes in place with other companies and host countries. This grants rights within the host country only.

The Olympic Federation of Ireland also has its own sponsors and partners, similar to other countries with Olympic teams.

As a non-profit organisation, 90% of IOC’s revenue from the OLYMPIC GAMES goes back into sport and athlete development[3].

Unsurprisingly, the IOC takes protection of its intellectual property rights very seriously. In their enthusiasm to get involved in the excitement of the Olympics, businesses need to take care to avoid infringement of Olympics IP.

Trade marks

The IOC has registered a significant portfolio of trade marks globally. The following are examples of some of its EU trade marks covering a wide range of goods and services in various classes:

• EUTM 000876383 -
• EUTM 002970366 -
• EUTM 008471369- GAMES OF THE OLYMPIAD
• EUTM 002827632 - THE OLYMPICS
• EUTM 011910627 - PARALYMPIC
• EUTM W01743588 - Phryges (the 2024 OLYMPIC Mascot)
  
• EUTM 018794094 - (the 2024 OLYMPIC Mascot)

Use of these trade marks and other IOC trade marks for the relevant goods or services, without permission from the IOC, would amount to trade mark infringement.

Ambush marketing

It is not unusual for companies to try to by-pass the restrictions and IP protections via the practice of ‘ambush marketing.’ This is also known as ‘guerrilla’, ‘parasitic’ or ‘coattail’ marketing.

An example of this occurred at the 1992 event in Barcelona at which Reebok was the official sponsor. The well-known basketball player Michael Jordan was sponsored by Nike during that event. During the medal presentation, Jordan infamously concealed the Reebok logo with an American flag.

More recently, news reports circulating this week have suggested that the US Olympic and Paralympic Committee are suing Logan Paul’s energy drink brand, PRIME, for trade mark infringement. This arises from its use of the words “Olympic” “Olympian” “Team USA” and “GOING FOR GOLD” on the PRIME drink packaging. The risks of falling foul of the rules are therefore clearly very real.

Practical points

Companies which are not official sponsors should not use any of the Olympic trade marks, symbols, emblems, flags, hymns or mascots without first obtaining the prior written consent of the relevant Olympic Committee.

A risk analysis exercise should be conducted prior to the launch of any promotional campaign to ensure that the campaign does not establish a link with the Olympics and related trade marks.

The IOC published helpful guidance on its Olympic properties and how companies can use such properties, so companies should check these guidelines.

Lastly, companies should also be careful with posts which they publish on social media during the Olympics. The use of hashtags, emojis or reposting of content which refer to THE OLYMPICS or PARIS 2024 could potentially give rise to a claim for trade mark infringement being brought by the IOC.

For more information and expert legal advice on how best to protect your intellectual property rights, please contact a member of our award-winning Intellectual Property team.

The content of this article is provided for information purposes only and does not constitute legal or other advice.

[1] Source: https://olympics.com/ioc/funding © IOC 2024

[2] Source: Olympic Marketing Fact File 2024 Edition updated February 2024 © IOC 2024

[3] Source: https://olympics.com/ioc/funding © IOC 2024