With billions of spectators worldwide, the Paris 2024 Olympic Games present obvious temptation for ambush marketers. Many non-official sponsors will engage in tactics and stunts to create the illusion that they are associated with the 2024 Games, when they are not. For example, a company may offer free branded swag to fans near an event venue that could be visible on TV broadcasts. Others may launch tongue-in-cheek marketing campaigns that allude to the event.
Ambush marketing is frustrating for those who have paid millions to become official sponsors, as well as detrimental to the event organisers as it diminishes the value of official sponsorship. Event organisers and rightsholders may find it difficult to find companies willing to pay the price for sponsorship if – in practice – non-sponsors are able to associate with the major sporting event or other events for free. It could also cross the line into IP infringement if official Olympic trademarks or copyright works are used without authorisation. Some view the practice as a form of creative opportunism, while others view it as actionable unfair competition (similar, to some extent, to passing off in the UK) or misleading advertising.
According to article 40 of the International Olympic Committee (IOC), brands that are not official partners of the 2024 Olympic Games will need to tread carefully when launching ad campaigns celebrating the Paris Olympics. This article will be in force during the "game period", from 18 July to 13 August 2024.
How can companies proceed if they have sponsored an athlete that is competing in the Games?
The National Olympic Committees for nations competing in the Olympic Games [typically] publish guidelines for non-sponsoring brands and agents, explaining the requirements of article 40.
The French Olympic and Sports Committee (CNOSF) and the French Paralympic and Sports Committee (CPSF) have published guidelines. Similarly, the British Olympic Association (BOA) has published guidelines. The Canadian Olympic Committee has also published guidelines that apply to Team Canada athletes and campaigns targeted at consumers in Canada.
The guidelines apply to all use of an athlete's name, image, or sports performance during the 2024 Games, regardless of the channel (i.e. TV, in-store advertisements, social media, outdoor, public relations appearances, etc.). There are also rules on how an athlete may continue to promote their personal sponsors during the Games, and what sponsors must do to ensure that their promotional material featuring the athlete is compliant with the guidelines.
The purpose of the guidelines is to encourage athletes and their sponsors to continue to run non-Olympic themed advertising campaigns during the Games, while safeguarding the investment made by and rights granted to official sponsors.
Only 'generic advertising' is permitted – in other words, unless the non-Olympic brand sponsoring an athlete is an 'official sponsor', the athlete may not be featured in their Olympic Games Team branded apparel, nor may words such as OLYMPIC, TEAM [COUNTRY], PARIS 2024, OLYMPIC GOLD MEDAL, and so forth, be used. For example, "FUEL LIKE A CHAMPION" would be permissible, but not "FUEL LIKE AN OLYMPIAN".
Under the guidelines, 'generic advertising' means any advertising by an athlete or their sponsor that does not:
- Create an association (whether direct or indirect) between the sponsor and Olympic Team of the country, the Games, or the Olympic movement.
- Reference an athlete's performance or participation in the 2024 Games.
- Uses Olympic signs or the Olympic trademarks.
In addition, in France, advertising broadcasted during the Olympic Games by non-official sponsors have to be validated in advance by the CNOSF .
Similarly, in the UK, in addition to being generic, non-Olympic partners sponsoring an athlete must:
- have obtained the prior consent of the athlete;
- have notified the BOA of its plans by 4 July 2024, confirming that the advertising has been in-market by 4 July and is run consistently in both nature and frequency during the Games as it was prior to the Games period.
The guidelines also cover congratulatory messages and 'thank you' statements by athletes that recognise the sponsor for their support.
To avoid issues, advertisers should avoid words like "Supporter", "Sponsor" or "Partner" in ad campaigns, and certainly avoid any use of the Olympic signs and trademarks, including those that may appear on the athlete's official kit.
The Canadian Olympic Committee has protected several trademarks relating to the Paris 2024 games as "Official Marks". Official Marks are unique to Canada. Unauthorised use of an official mark is prohibited under Section 9 of the Canadian Trademarks Act.
In France, several trademarks have also been registered by the CNOSF. In addition, Olympic signs are considered by the judges as "well-known trademarks", and therefore benefit from a highly protective regime according to articles L 713-2 and L 713-3 of the Intellectual Property Code). Olympic signs are also protected by the copyright. In addition, articles L 141-5 and L 141-7 of Sport Code provides a special regime for Olympic signs, according to which any use of a symbol, flag, expressions, or acronym related to the Olympic Games will be punished as trademark infringement. In addition, using these signs can be considered as ambush marketing.
In the UK, the BOA also has a number of registered trademarks, including those set out above. Any commercial use of these marks in advertising risks infringing the BOA's rights in that mark. For example, any advertising that includes any of the BOA's trademarks and / or makes reference to the Olympic Games is at high risk of amounting to trademark infringement and of being seen as ambush marketing.
Any ad agency or business that is considering posting content or marketing materials relating to the Paris 2024 Games should proceed with extreme caution and seek advice. Use of any official Olympic marks is prohibited and could give rise to liability for trademark infringement, but also indirect references to the Games could come under scrutiny and lead to liability for unfair competition (or passing off in the UK) or misleading advertising.
With the Paris 2024 Summer Olympic Games fast approaching, the perils of ambush marketing should be top of mind for brand owners.
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