The Summer Olympics are right around the corner, and with it comes a challenge for brands looking to participate without official sponsorship. The U.S. Olympic Committee (USOC) is known for its strict enforcement of trademark protection, making it difficult for non-sponsoring brands to use Olympic-related intellectual property or athlete reputations without facing legal consequences.
Under the Ted Stevens Olympic and Amateur Sports Act, the USOC has significant power to prevent unauthorized use of its trademarks. This includes the term “Olympic” and other related marks, with the USOC not having to prove likelihood of confusion. In the past, the US Supreme Court has upheld injunctions against entities using Olympic-related terms without permission, emphasizing the importance of protecting the USOC’s rights.
For brands looking to participate in the excitement of the Olympics without official sponsorship, there are rules to follow. Avoid using the Olympics Ring Logo, specific trademarks like OLYMPICS and TEAM USA, athlete images or footage, and anything that suggests an official connection to the Games. Ambush marketing is also off-limits, but creative strategies that subtly reference key moments or athletes may still be effective.
One question that arises is the use of AI in marketing efforts. While AI can be a creative tool, brands must be cautious about infringing on intellectual property rights. Voice cloning, in particular, raises concerns about rights of publicity and potential confusion around sponsorship. Copyright considerations also come into play when using AI-generated content, as the technology is not immune to errors or misinterpretations.
As brands navigate the complex landscape of Olympic marketing, it’s essential to stay informed and communicate clearly with internal and external teams. Understanding the boundaries of permissible marketing tactics can help avoid legal risks and ensure a successful campaign. By thinking outside the box and staying compliant with regulations, brands can still make an impact during the Olympics without official sponsorship.
