Assembling a Gold-Medal Worthy Campaign: Trademark Usage, Advertising and Athlete Sponsorship Considerations During the Games

Most of the world will tune in to watch the best athletes around the globe as they descend upon the world’s biggest stage for sport: the 2024 Summer Olympic Games in Paris. With billions of people cheering their favorite countries and athletes as they compete at the highest level, many will be exposed to the marketing and media campaigns that follow through every medium – from social to streaming. It is no wonder why the Olympics have become an advertising dream for sponsors of the athletes, coaches, trainers, team members, and other official personnel (the “Participants”) attending the 2024 Summer Olympics in Paris.

With the incredible exposure of the Olympic Games comes potential legal issues for nearly any sponsor, any company, and nearly anyone who advertises, uses intellectual property, or engages in ambush marketing. The International Olympic Committee (the “IOC”) has taken steps to navigate the myriad of icons and notions behind the Games to protect itself against these concerns by way of trademarking relevant intellectual property and through specific rules in its Charter. It is pertinent that sponsors of Participants and the Participants themselves keep these protections top of mind through the Games, as not only could violations impact sponsors, but such violations may subject a Participant to disciplinary action and ultimately affect the Participant’s athletic career as an Olympian. 

What does it mean to market and advertise during the games?

Is your marketing department interested in using the iconic Olympic rings (or an approximation of them) in a marketing campaign? You’ll likely end up with a DNF. The rings are the exclusive intellectual property of the IOC globally and cannot be used without the IOC’s prior written consent. 

The IOC’s protection of Olympic-related trademarks is not unique in the sports world and comes from a long line of organizations that protect their legacy and brand. Whether it’s FIFA and the WORLD CUP, the NFL and the SUPER BOWL, or the NCAA and MARCH MADNESS, all have sought to carefully enforce trademark rights and the sponsorship opportunities that come along with them. However, unlike FIFA, the NFL, and the NCAA, the IOC and its National Olympic Committees (“NOC”s) such as the United States Olympic and Paralympic Committee (the “USOPC”) bring additional, specific federal statutes to bear on their trademark infringement issues. In the United States, this is The Ted Stevens Olympic and Amateur Sports Act (36 U.S. Code § 220506) (“Ted Stevens Act”), originally passed in 1978 and amended several times since. In addition to the usual claims under the Lanham Act for trademark infringement in the U.S., the Ted Stevens Act gives the USOPC the exclusive rights to the well-known words “Olympic,” “Paralympic,” “Olympiad,” and the famous interlocking rings in the U.S. The protections also extend to the phrases “United States Olympic and Paralympic Committee,” "Citius Altius Fortius," "Pan American," "Paralympiad," "America Espirito Sport Fraternite," as well as to the the International Paralympic Committee's symbol of three Taigeuks and the Pan-American Sports Organization's symbol of a torch surrounded by concentric rings. Finally, the statutory protections extend to combinations of these terms.

What could this mean for brand owners and athletes? 

Simple: they should exercise extreme caution when running campaigns surrounding the Olympic Games. The statute permits the USOPC to authorize its sponsors to use these terms and symbols and gives the USOPC the right to enforce these rights against any unauthorized use. The USOPC enters sponsorship agreements, with sponsors often paying a significant sponsorship fee for the lucrative licenses granted by the USOPC. The use of USOPC intellectual property (“IP”) is reserved for official Olympic and Paralympic sponsors, suppliers, and licensees. The USOPC is vigilant, and it preserves the value of its current and future sponsorships through the active enforcement of its IP rights. 

In addition to the words and designs given special protection by the Ted Stevens Act, the USOPC has historically protected related terms like TEAM USA, PARIS 2024, and SUMMER GAMES through federal trademark registrations. For example, even using Olympic wording in social media, specifically hashtags, can result in a cease-and-desist letter from the USOPC. As such, brands should ensure that any hashtags used do not make a false association with the Olympics or give the appearance that the brand is a sponsor. Brand owners and athletes would be wise to tread lightly when engaging in Olympic-related marketing. In addition to any traditional rules of unfair competition, likelihood of consumer confusion, and fair use, armed with the Ted Stevens Act, the USOPC will be watching and monitoring carefully for the use of unlicensed brands that play off the games, Olympic terms, the logos, or those like TEAM USA or PARIS 2024. 

Noting the Importance of IOC Rule 40 and Rule 50 

In addition to federal protections for Olympic trademarks in the US, the IOC Charter also sets forth two rules, Rule 40 and Rule 50, to protect against campaigns that try to take undue advantage of the Olympics and exploit the massive market that they reach, which ultimately diminishes the focus from Olympic athletes and their performance. 

IOC Rule 40 and Ambush Marketing 

The increasingly important Rule 40 seeks to prevent “ambush marketing” – when a brand that is not an official sponsor of an event nevertheless tries to link or associate itself with such event to capitalize on the large audience that the event might reach. For example, a brand that is not an official sponsor of the Olympics but sponsors an athlete who qualifies for the Games, may ramp up their advertisements featuring that athlete to create an association with the Games.

The relevant portion of Rule 40 is Bye-law 3, which states that Participants “may allow their person, name, picture or sports performances to be used for advertising purposes during the Olympic Games in accordance with the principles determined by the IOC Executive Board.” The significance of this Bye-law is to allow athletes the ability to continue generating income during the Olympic Games through their personal sponsorships while the IOC to places limited restrictions on the advertising campaign that those sponsors publish, as outlined by the IOC’s Key Principles.

It is important to note that the restrictions under Rule 40 and the IOC’s Key Principles only apply during the “Games Period,” which, this year, is the period from the date of opening of the Paris 2024 Olympic Village (July 18, 2024) through the date that is two days after the Paris 2024 Closing Ceremony (August 13, 2024).

There are five Key Principles: (i) advertising by Olympic Partners, (ii) advertising by Non-Olympic Partners, (iii) generic advertising, (iv) congratulatory advertising, and (v) online messages by Participants. See the Illustrative Guidance available at the link below in the Additional Resources section, Part C, for examples of each type of advertising. 

a. Advertising by Olympic Partners – This is advertising by those sponsors who do have sponsorship or official merchandising licensing contracts with the IOC, the NOCs, the Paris 2024 organizing committee for the Olympic Games (“OCOG”) or the official Olympic broadcasters. Such partners and advertising are not the focus of this article.

b. Advertising by Non-Olympic Partners – This is advertising by those sponsors who do not have sponsorship or other licencing contracts with the entities mentioned above, but which sponsor a Participant outside of the Olympic Games. Such Non-Olympic Partners may only use the sponsored Participant in its advertising campaign if such campaign (i) does not use “Olympic Properties” (e.g., Olympics or NOC intellectual property or emblems, or images or references to Paris) and (ii) is Generic Advertising (as described below). Note that such Non-Olympic Partners must have notified the IOC or the NOC of the target country (as applicable) of its Generic Advertising Plans and any social media advertising plan by June 18, 2024. 

c. .Generic Advertising – This is advertising (i) where the only connection between, on one hand, the Olympic Games, the IOC, the OCOG, the NOC, or the NOC’s National Team and, on the other hand, the brand, is that the advertisement uses a Participant; (ii) that has been in market for at least 90 days before the Games Period; and (iii) that has run consistently and not materially escalated during the Games Period. An example of part (i) would be that an advertisement cannot use the image of an Olympic athlete with the phrase “Road to Paris,” the Eiffel Tower in the background, or “#Paris2024” (or similar), but the advertisement can use the image of the Olympic athlete with the brand’s usual logos, slogans, and imagery.

d. Congratulatory Advertising – This is advertising that supports, encourages, sympathizes, or praises a Participant or specific Olympic team in connection with the Olympic Games. Because of the inherent connection of this type of advertising with the Olympic Games, Non-Olympic Partners can only engage in this advertising before or after the Games Period, and still may not use any “Olympic Properties.” 

e. Online Messages by Participants – This are messages posted by a Participant on such Participants’ own personal websites or social media thanking their personal sponsors. Participants can only post these messages if they do not (i) imply that such sponsor’s product or service enhanced the Participant’s performance, or (ii) include a personal endorsement of the product or service. For example, an Olympic athlete may post on social media a message that says, “Thank you, [Sponsor], for all your support on my journey,” but that Olympic athlete cannot post a message that says, “Thank you, [Sponsor], I only drink your protein shakes and I wouldn’t have won gold if I hadn’t!” Note that Participants can only make one thank-you message per personal Non-Olympic Sponsor at any time during, before, or after the Games Period. 

When it comes to compliance, sponsors, athletes, marketers and advertisers alike should note that it is the responsibility of the NOC in each country (e.g., the USOPC for the United States) to oversee compliance with Rule 40 and the Key Principles in connection with advertising that is targeted in its territory, while it is the responsibility of the IOC to oversee compliance in connection with international advertising activity. In the U.S., prior to any advertising campaigns being run, a Participant must notify the USOPC of their personal sponsors, and each such sponsor must complete a click-through Personal Sponsor Commitment that states it will comply with the IOC and USOPC Rule 40 guidance. If a sponsor does not complete the Personal Sponsor Commitment, it will not be allowed to run its campaigns during the Games Period. 

Rule 50 – Advertising, Publicity, and Neutrality 

In addition to prohibiting all advertising and other publicity in or above the Olympic Games stadiums, venues, and other sport grounds, Rule 50 seeks to prohibit all forms of demonstrations, or religious, political, or racial propaganda from the stadiums, venues, and other Olympic sites and sport grounds. In a world full of political, religious, and racial unrest, this Rule focuses on preserving the neutrality of sport and promoting the Olympic Games venues as neutral zones to focus on the Participants’ sports performance and safety. 

However, in an effort to maintain freedom of expression, the Rule 50 restrictions only apply during official ceremonies (i.e., medal ceremonies and opening/closing ceremonies), during competition on the field of play, and in the Olympic Village, and do not apply, for example, during press conferences, at team meetings, or on social media. There is much debate about what constitutes a “demonstration” and “propaganda,” but with the ultimate goal of this rule to promote respect among the Participants, these terms are likely aimed at any behaviours or expressions that “constitute[] or signal[] discrimination, hatred, hostility, or the potential for violence.”

Further, Bye-law 1 to Rule 50 specifies that no propaganda can appear on any Participant’s clothing, accessories, or other equipment used or worn by such Participant, except for the manufacturer’s identification, provided that such identification must be of normal size and only appear once per item. 

Additional Resources

A. USOPC Commercial and Brand Usage Guidelines: https://www.usopc.org/commercial-andbrand-usage-guidelines

B. The IOC Charter: https://stillmed.olympics.com/media/Document%20Library/OlympicOrg/General/ENOlympic-Charter.pdf

C. The Olympics webpage for Rule 40, which includes documents and information outlining the Key Principles of Rule 40, Illustrative Guidance with advertising examples for Rule 40, and Frequently Asked Questions regarding the commercial opportunities in connection with Rule 40: https://olympics.com/athlete365/topics/rule-40

D. If you need to reach out to a specific National Olympic Committee or relevant organizing committee for the Olympic Games, you can submit your inquiry through: rule40@olympic.org

E. Guidelines on Athlete Expression under Rule 50: https://olympics.com/athlete365/app/uploads/2024/

Source: USOPC Intellectual Property Info Sheet, available at https://www.usopc.org/commercial-and-brand-usage-guidelines