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The 2010 Winter Olympic Games in Vancouver, British
Columbia begin on Friday, February 12, 2010. Because the Olympic organizing
committees are extremely vigilant in protecting the trademarks and copyri=
ghts
associated with the Olympics, stations should be extremely careful not to=
use
any materials that could infringe on these property rights, as outlined in
the following general guidelines.
Use of Olympic Trademarks
The United States Olympic Committee (USOC) and the International
Olympic Committee (IOC) control marketing rights with respect to Olympic
terminology, emblems, symbols, and marks. These Olympics Committees use th=
eir
protected trademarks for revenue-generating purposes and reserve the use =
of
official Olympic symbols for official sponsors, partners, and suppliers, =
who
have made major investments in the Olympic programs. The USOC and IOC vigorously prot=
ect
and enforce their rights with regard to Olympic-related marks to preserve
their value to the authorized licensees.
Olympic Terminology, Emblems,
Symbols, and Related Marks
The Olympics Committees control marketing rights with respect to
Olympic emblems, marks, symbols and terminology. Without express written permissi=
on
from the USOC and IOC, it is unlawful to use such trademarks for any purp=
ose,
particularly with respect to the promotion or sale of products or services
bearing those marks, the promotion or sale of goods or services, and the
promotion of trade generally.
Although the list provided below is not exhaustive, broadcasters
should avoid using the following terminology, emblems, symbols, and relat=
ed
marks in marketing or promotions, whether on-air, in print, on websites, =
or
otherwise:
- “Olympic(s)”
- “Olympiad”
- Trademarks
relating specifically to the 2010 Winter Olympic Games, such as
“Vancouver 2010,” “Whistler 2010,” and
“Canada 2010”
- Symbols
such as the five interlocking Olympic rings
- Symbols
such as “Miga,” “Sumi,” and
“Quatchi,” the Vancouver 2010 Winter Olympic Games masco=
ts
- Symbols
such as the “Ilanaag,” the Vancouver 2010 Winter Olympic
Games emblem resembling a person made from stacked rocks
- “With
Glowing Hearts,” the Vancouver 2010 Winter Olympic Games motto=
- U.S.
team names including “Team USA” and “USA 2010̶=
1;
- Phrases
such as “Let the Games Begin,” “Go (or Going) for =
the
Gold,” “The Best of Us,” “Where the Olympic
Journeys Begin,” and “Road to Vancouver”
Advertis=
ements
Produced by Third Parties
Attempting to form an association with the Olympic Games in the m=
inds
of consumers through promotions and advertisements designed to create the
appearance of a relationship between the station and/or station clients a=
nd
the Olympic Games – also known as “ambush marketing”
– is a risky practice. The
USOC, IOC, and their official sponsors may have legal claims for trademark
infringement, unfair competition, false advertising and misappropriation =
of
good will against entities infringing sponsorship rights. Although the use of a disclaimer=
, such
as “not an official sponsor of the Olympic Games” may protect=
the
potential infringer to a certain extent, use of such disclaimers is not
fail-safe.
Before accepting Olympic-related advertisements, broadcasters should make
reasonable inquiries to confirm that advertisers have the rights to use
Olympic trademarks. (Inform=
ation
about official sponsors, partners, and suppliers can be found on the sponsors
and partners page of the official website of the Vancouver 2010 Winter
Olympic Games). Exercise
great caution in accepting ads from local advertisers to ensure that they
have secured rights to use Olympic trademarks. Also, be alert to possible ambush
marketing, which can be inadvertent, using Olympic terminology, emblems,
symbols, and related marks.
Unauthorized Distribution of
Olympic Games Tickets
The Olympics Committees and their authorized agents are the only
legal sources for the distribution of Olympic tickets. In the purchase of Olympic ticke=
ts,
the purchaser agrees to all terms and conditions on the ticket request fo=
rm,
which includes a prohibition on reselling or transferring the tickets and=
a
prohibition on using the tickets for prizes and contest promotions. Furthermore, tickets generally m=
ay not
be used for advertising or promotional purposes unless specifically
authorized by or on behalf of the Olympic Committees. In light of these terms and
conditions, a station cannot conduct a promotion in which trips and/or
tickets to the Olympic Games are awarded, even if the tickets were validly
purchased by the station.
News Reporting and Highlights=
The IOC holds property rights in the accounts and descriptions of=
the
Olympic Games and sells the television and radio rights for the Games. By reason of its creation =
of the
Games, its control of the venues and its restriction of the dissemination=
of
the news from those venues, the IOC has the right to control the use of i=
nformation
relating to the athletic events for a reasonable time following the
completion of those events. In
addition, tickets to Olympic events generally include a restriction that
prohibits persons located within the stadium from disseminating accounts =
of
the sports event to the media without authorized press credentials. Unless a station has applied for=
and
obtained press credentials, it is not permitted to report on the Olympic
Games from the venue while the event is on-going. When the event has concluded, it=
is
permissible to report the “news” of the event, i.e. the names=
of
the medalists and scores of the event.
Courts have held that the copyright owner of a telecast – in this c=
ase
the IOC and its licensees – has a right to charge a fee for the use=
of
highlights. Therefore, stat=
ions
need to obtain consent from the appropriate rights holder before using
highlights of athletic events and the opening and closing ceremonies in
station newscasts.
The limited case law in this area indicates that although the First Amend=
ment
may allow the media to report news on athletic events, such as the scores=
and
names of medalists, shortly after the event, the First Amendment likely d=
oes
not protect a station that broadcasts footage or accounts of an event in =
violation
of licensed rights to the event and, in particular, prior to its conclusi=
on.
If you have any questions regarding the legality of broadcasts or marketi=
ng
promotions relating to the Olympics, please contact your primary attorney=
in
our office.
February 4,=
2010
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