Own-it | Intellectual Property Advice for Creative Businesses

On your marks, get set............

On your marks, get set............

Published: 27.06.12 at 16:14

With less than one month to go until the opening ceremony of the London 2012 Olympic Games, we thought it might be useful to refresh people's memories of the restrictions in place. As you may well know, the Olympics is probably the most fiercely protected event in the world. Restrictions are in place to prevent any unauthorised use of the word 'Olympic(s)', the Olympic symbol (the five rings) or the Olympic motto. Don't know what the Olympic motto is? See our earlier article.

And that's not all. Any representation creating an association with London 2012 is likely to give rise to an infringement. An authorised association may be present where the words 'London 2012', an image of the Olympic torch or combinations of any listed expression with reference to 'gold' 'silver' 'bronze' 'medals' etc are displayed. Furthermore, you could find yourself in hot water even if you do not use any of the listed expressions provided in LOCOG's guidelines for business use. For example, images of iconic London buildings with reference to a sporting event could create an association with London 2012 - especially so if the landmarks are official 2012 venues e.g. the Velodrome.

The concept of what constitutes an infringing association is yet to be tested in court. However, the relevant authorities have shown that they will rigorously pursue instances where an infringing act is deemed to have taken place and so proceed with caution. For example, the British Sugarcraft Guild were told that it could face court proceedings if any of the cakes in its cake baking competition displayed the official symbols - see news article.  And an 81 year old woman was told that she cannot sell a doll's outfit for £1 at a church fund raiser as it displayed Olympics references.

So, you may ask, what can I do? A recent Marks and Spencer television ad is a great example and a very clever piece of marketing. The advert shows Jamie Redknapp having a kick about in a field, Myleene Klass and others partaking in an egg and spoon race and concludes with a shot of the slogan "On your Marks - for a summer to remember". The advert has a sporting reference, and so plays on the senses and links with what is likely to be on peoples' minds (i.e. the Olympics!). The slogan "On your Marks..." will also remind you of a track event i.e. 'on your marks, get set...' However, there is no reference to the Olympic symbol, motto etc. And arguably there is no association drawn with the London Olympics - no mention of 'London 2012', no Olympic venues and no athletes running with a flame.

For further examples of what you can and can't do, make sure to check LOCOG's guidelines for business use.

Article by Joe Walsh

Photograph (some rights reserved) by anthony_goto

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