As IP lawyers we cannot answer the trendiest question relating to the upcoming Olympic games, namely “Is it really safe to swim in the Seine?”. However, with the approaching start date of the Olympics in Paris another interesting question arises – can businesses safely refer to the Olympics and show this edition’s mascots or the Olympic rings?
Major sporting competitions enjoy great public interest. Thus, they are also one of the most important events in the field of marketing and advertising. The presence of popular brands in such events brings significant economic and reputational benefits. Of course, such a presence is also accompanied by large investments to guarantee companies the status of "official partner" or simply the possibility of association with the relevant forum.
One of the most effective tools allowing popular sporting events to enjoy their unique character and fully benefit from the large economic investment their organizers need to make is IP law. It would not come as a surprise that most sports competitions rely on IP law to protect their names, logos, mascots and anthems. That allows the organizers to maintain the reputation of their events and to attract commercial partners. This is particularly true with regard to the Olympic games. The income generated by the International Olympic Committee (IOC) from sponsorship, broadcasting rights, and licensing is used not only for funding the event, but also for the development of sports, and its popularity.
According to the Olympic Charter – the codification of the fundamental principles of Olympism – all rights for the use of the Olympic symbol and its derivative images are the exclusive property of the IOC. The Olympic Properties, as defined in Rule 7 of the Olympic Charter, refer to the Olympic symbol, flag, motto, anthem, identifications (including “Olympic” or “Olympic Games”), and any musical, audio-visual or creative works created in connection with the Olympic Games. Therefore, the commercial use of any of the above elements without the consent of the IOC is a violation of the Olympic Charter.
As per the Olympics’ website the commercial and promotional use of the Olympic Properties is not possible for businesses that are not part of the official licensee programme. Educational and editorial use is permitted under certain conditions.
In present days, the most efficient means of IP protection in sports remains trademark registration. Below is a non-exhaustive list of some of the sport-related trademarks and designs that enjoy protection within the EU. Businesses should be aware that the unauthorized use of a registered trademark is a punishable IP law infringement.
We strongly encourage you to enjoy the upcoming Games and respect the IP rights associated with them.
