Olympic Games and Communication, which rules to be complied with ?

Linkea
Linkea
Avocats, Conseils en réseaux
30/10/2023

The Olympic Games are just around the corner, and many companies intend to ride the wave of the Games to promote their business by associating themselves with the event.

But beware: any unauthorized use of Olympic and Paralympic trademarks and/or properties may constitute an infringement of the rights of the International Olympic Committee (IOC), the International Paralympic Committee (IPC) and/or Paris 2024.

What elements are protected?

The “Paris 2024” trademark, the related institutional trademarks and labels, the Equipe de France trademarks;
symbols, flags, mottos, anthems, identifications, designations, emblems, flames and torches – Olympic and Paralympic, etc. (“Olympic Properties” and “Paralympic Properties”).

What is the basis of this protection?

These elements are protected by copyright, trademark and design rights.

Misuse, misappropriation or unauthorized use of trademarks, Olympic and Paralympic Properties or any other intellectual property associated with the Olympic and Paralympic Games may constitute acts of counterfeiting, unfair competition and/or parasitism.

The legislator has reinforced this protection in articles L-141-5 and L141-7 of the French Sports Code, which prohibit “registering as a trademark, reproducing, imitating, affixing, removing or modifying (…) without the authorization of the French National Olympic and Sports Committee” or the “French Paralympic and Sports Committee” the following elements: emblems, flags, mottos, symbols, anthems, identifications, logos, mascots, Olympic and Paralympic slogans and posters, certain terms and expressions (“Paris 2024”, “Olympic Games”, “Paralympic Games”, etc.) or acronyms (“Olympic Games”, “Paralympic Games”, etc.). ) or acronyms (“JO” and “JP”).

Failure to comply with these articles of the French Sports Code is punishable under the provisions governing trademark infringement (articles L.716-9 to L 713-13 of the French Intellectual Property Code).

Who can use them?

Partners of the Paris 2024 Games (sponsors, licensees, media rights holders) who provide financial assistance to the organization of the Paris 2024 Games become – in exchange for this assistance – holders of the rights to the Paris 2024 Games Properties and are granted the exclusive right to use the Olympic and Paralympic Properties for promotional and advertising purposes.

In few words: it is strongly disrecommended to communicate on the Olympic Games by reproducing logos, rings, flames… On the other hand, it may be possible to join the movement by giving a “sporting” coloration to the network’s communication operations, for example by organizing sports quizzes, sports-related illustrations…

Linkea
Linkea
Avocats, Conseils en réseaux
30/10/2023
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