Avoiding Olympic Hurdles

August 9, 2011
By Tim Mountford | No Comments

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With the London Olympics fast approaching it’s inevitable that many radio advertisers would like to create campaigns and promotions that tie in with the games.

However, as with the World Cup, the organisers will want to vigorously protect the way their brand is being used. The sponsors of London 2012 will have paid vast fortunes to have the exclusive right of association with the Games.

Some businesses and events have already got into trouble for the way they have made use of the Olympics Brand in their own marketing (even when the link has been quite tenuous).

Therefore we thought it best to send all our clients this reminder in preparation for any campaigns and promotions being prepared in the coming year.

You’ll find the most important information on the following page, but in summary we’re all going to have to be careful how things are worded (it’s going to be impossible to make any direct reference to the games). We’ll need to explain to clients why certain phrases and scenarios can’t be used.

More detailed info can be found at http://www.london2012.com/about-us/our-brand/using-the-brand.php

EXTRACT FROM THE OFFICIAL BRAND GUIDELINES

The London Olympic Games and Paralympic Games Act 2006 prevent people from creating an association between a business, goods or services and the London 2012 Olympic Games and/or Paralympic Games, in the course of trade.

This prevents, for example, businesses from running any advertising or marketing campaigns which suggest they are associated with London 2012 without LOCOG’s authority. An association can be created through the use of ANY representation whether in audio or visual form for example.

However, the 2006 Act specifies certain ‘Listed Expressions’ and states that a court may take these into particular account when determining if an association has been created. The Listed Expressions are:

Any two of the words Games, Two Thousand and Twelve, 2012, Twenty-Twelve OR any word in the list above with one or more of the words London, medals, sponsors, summer, gold, silver, bronze.

Whether an association has been created with London 2012, or not, will be a question of fact. The 2006 Act specifies the Listed Expressions, and states that a court may take them into particular account when determining if there has been an infringement of LOCOG’s rights. But an association can be created by the use of any representation, which may be in any form and may or may not use the Listed Expressions. Although the Listed Expressions are a helpful guide they are not the only thing a court would look at so it shouldn’t be assumed that if a Listed Expression is not used, LOCOG’s right will not be infringed.

-Tim Mountford



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