Barker Brettell

The London 2012 Olympics – what companies can and cannot do

Many businesses will wish to maximise revenue generating opportunities resulting from the successful bid for London to host the 2012 Olympic Games. However, marketing strategies and advertising campaigns must be carefully created to avoid the risk of infringing the London Olympic and Paralympic Games Act and the Olympic Symbols Act 1995.

The use of various Olympic marks in the UK has been regulated for over ten years by the Olympic Symbols Act 1995. “Olympic Marks” are defined as the words Olympic(s), Olympiad(s), Olympian(s) and London 2012 and logos such as the Olympic rings, Team GB, GB Paralympic logo, British Paralympic Association logo, London 2012 bid logo and British Olympics Association logo. Infringing acts extend to use of these marks, or similar marks, where an association with the Olympic movement is created in the mind of the public.

The London Organising Committee for the Olympic Games (LOCOG) advises that the combination of a word in Group one with a word in Group two from the following lists could be held to infringe the London Olympic Association Right.

  • Group one: games, two thousand and twelve, 2012, twenty twelve.
  • Group two: gold, silver, bronze, London, medals, sponsor, summer.

The LOCOG will also be monitoring the use of insignia associated with the Olympics, such as an Olympic style torch and images of venues that will be used for the Games.

By means of a cautionary example, Olympic Removals has operated for over twenty years as a library removal service. The company is reported to have received an email from the LOGOC concerning the use of the five-ring Olympic symbol on its livery. Olympic Removals is, coincidently, located opposite what will be the white-water site for the Games and, unfortunately for Olympic Removals, this may have contributed to the strong handed approach from the LOGOC. The message from the LOGOC is clear: change your livery or risk being sued.

It also appears that the London Olympic Association Right may prevent the use of Olympic tickets as prizes in company-run promotions, although further clarification is anticipated on this point.

It is therefore apparent that any business which uses representations associated with the Olympics in the course of trade in a manner that is likely to suggest to the public that there is an association with, or an endorsement by, the LOCOG runs the risk of having to defend an action for alleged infringement.

Rosalyn Newsome

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