In the Reuters Legal article “Fair Play, Trademarks and Sponsorships: How to Navigate the Olympics Season,” partners Jonathan Hyman and Jeff Van Hoosear offer helpful guidelines to brands for marketing around the 2024 Olympic Games.
Hyman, co-chair of the firm’s advertising, media, and entertainment practice, and Van Hoosear, co-chair of the trademark and brand protection practice, begin the article by providing context for the U.S. Olympic Committee (USOC)’s special rights that protect the use of its name and marks.
The authors maintain that as opposed to other sports organizations, the “USOC brings extra ammunition to its enforcement efforts in the form of the Ted Stevens Olympic and Amateur Sports Act.” Consequently, they explain, parties that submit trademark applications containing any “designated Olympic-related terms or symbols, or any combination thereof” will not be able to register that mark. Hyman and Van Hoosear also note that the statute “permits the USOC to authorize its sponsors to use these terms and symbols and gives the USOC the right to enforce these rights against any unauthorized use.”
In discussing the USOC’s enforcement strategy, the authors give insight into the economic motivation for strong enforcement. “When the USOC enforces its rights, it is really trying to preserve the value of the sponsorships,” they write. “Why would a company spend millions of dollars to sponsor the U.S. Olympic team if its competitors can do the same without paying any licensing fees.”
To avoid such enforcement action from the USOC, Hyman and Van Hoosear recommend brands familiarize themselves ahead of the Games with all guidelines surrounding the use of USOC marks, particularly in areas such as social media marketing and athlete sponsorship.
Read the full article here.
