News

Running a big sporting event promotion this year?

By Spark and Fuse on January 9, 2012

We're taking no chances with the image we use so here's a pic of the infamous Bavarian Beer ambush marketing of the World Cup 2010

You’d have to live on the moon to not know the Olympics are coming to London this year. Businesses across the country are busy creating ideas to link in with the biggest sporting event on the planet. However, if you’re planning to hook marketing plans or promotional events around the Olympic games, we implore you to read on.

Before we get stuck in we need to make it very clear that we are not official sponsors of this year’s games and neither are we trying to suggest or imply that we are. However, as an agency that specialises in compliance we are compelled to discuss the matter.

An incredible two billion pounds of private funding has been given to the Olympics and therefore the exclusive rights of these sponsors, as well as the long term reputation of the games, are legally protected. If you are not an official sponsor you cannot claim or imply that you are linked to the games in any way.

Well that’s nothing to do with me you might think, I’m simply planning to offer a prize to London in July as a nice topical tie in with the games. This is exactly the sort of marketing which is absolutely not permitted. By all means offer a prize to London in July to see The London Eye, but touch on the O word and expect a call from The London Organising Committee of the Olympic Games.

LOCOG will not tolerate any representation of any kind in a manner likely to suggest to the public that there is an association between the London Olympics and a goods or service. While LOCOG has promised a balanced approach to infringement – with polite phone calls in the first instance – the courts have already been allocated significant power in this matter and LOCOG can seek damages, impose massive fines, request account of profits and impose injunctions against anything which is seen to infringe protected rights.

What does create an association mean? Use of iconic games images, medals, podiums even colours or values associated with the games is enough to conflict with the protected rights. For example it is unlawful to use the Olympic symbol, the London 2012 logo in the course of trade without LOCOG’s written consent. Words and listed expressions too such as ‘Olympic’, ‘Olympian’, ‘London 2012’ and ‘summer 2012’ are all included in protected rights and cannot feature in any promotions or marketing (and don’t forget this includes ads and advertorials, paid for bloggers or tweeters). The context of these things is also important such as the nature of the product, timing and previous conduct.

There are only three defences for breach of the above and they are publishing and broadcasting factual information for the news (and note, not for ads or advertorials); historical use (for example if you’re already called Olympic Holidays, that’s okay) and factual statements providing no association is implied.

This post only really touches on the issue of legally protected rights, we have not covered off trademarks, copyright for example or even ambush marketing. You can find out more about it on the offical website: www.london2012.com/brandprotection

Never before has compliance advice at the planning stage been so crucial. Get in touch if you’d like our help – we can check your promotional ideas before you allocate budget or go live.

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