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Olympic legislation stops ambush marketers running rings round London 2012 sponsors

21 August 2008

The UK has implemented draconian legislation to protect London 2012 sponsors paying huge sums for brand exclusivity at the next Olympic Games.

National law firm Shoosmiths is urging companies to tread carefully when it comes to marketing activity, as Beijing 2008 draws to a close and thoughts turn to London in four years’ time.

Associate and intellectual property specialist Tracey Huxley said: “The outstanding success of Team GB in China this summer is likely to encourage companies to use the swell of national pride and the gathering momentum of London 2012 in their marketing, both in the immediate future and throughout the next four years.

“However, in light of the legislation introduced primarily to stop ambush marketing as seen in previous Olympics it is extremely easy to fall foul of the restrictions. In fact, the burden of proof in many cases will be reversed so an infringement will be presumed unless the accused can prove their innocence.

“Brands must therefore be mindful of the restrictions which are already being enforced, or face the consequences. In particular those with licensees or franchisees need to ensure that they, too, are aware of the rules and don’t go too far, as this may also draw the brand owner into the infringement.

In certain circumstances the London Olympic Games and Paralympics Games Act 2006 prevents unauthorised use of:
• any two of the words listed in list A, or
• one word from list A along with any one or more from list B

A Games, Two thousand and twelve, 2012, Twenty Twelve

B London, Medals, Sponsors, Summer, Gold, Silver, Bronze


Additionally, phrases such as LOCOG (London Organising Committee for the Olympic Games), the Olympic motto, the Olympic rings and Team GB logo cannot be used without express permission. 

There are two main types of ambush marketing: companies falsely claiming or implying official association with an event; or giving away branded products to take inside a stadium which will undoubtedly then be seen by the millions of television viewers around the world.

No fewer than 12 worldwide Olympic partners are backing the Beijing Olympics, each having paid up to $100m to be linked to the event. Then there are 15 China Olympic partners, 10 sponsors, 15 exclusive suppliers and 17 suppliers.

Dozens of companies in China are reported to have breached the rules and used Olympic logos on their products, and are now being pursued by investigators.

Huxley said: “Ambush marketing used to be seen as rather clever but that has changed. The money from sponsors effectively bankrolls massive sporting events such as the Olympics and if those big brands believe their exclusivity is likely to be diminished in any way this may dissuade them from entering into those deals. It is therefore crucial for host nations to do all they can to prevent it happening.

“However, the legislation passed in the UK goes so far that it is much easier than ever before to contravene the provisions unwittingly and therefore extra care needs to be taken over all marketing issued in the next four years.”

For further information please contact:
Name: Alastair Gray
Phone: 08700 864096
Email: Alastair.Gray@shoosmiths.co.uk

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