Business Community
A business owner might understandably look for clarity on how to refer to the 2010 Winter Games and engage in the excitement and opportunities they create without fear of breaching the law or prompting enforcement action by VANOC.
One way to engage in the excitement and opportunities created by the 2010 Winter Games and be authorized to promote a business association with the 2010 Winter Games is to become a VANOC marketing partner. To learn more about becoming a marketing partner for the 2010 Winter Games, business owners are encouraged to visit our website at vancouver2010.com.To learn more about business opportunities that do not involve becoming a VANOC marketing partner but are part of the general increase in business activity associated with the 2010 Winter Games, business owners are encouraged to visit the Province of British Columbia’s 2010 Commerce Centre website.
How can a business reference the 2010 Winter Games?
All references to the 2010 Winter Games must be:
- factually correct
- relevant to the non-2010 Winter Games purpose of the publication, creative, advertising, etc. (not overtly promotional)
- commercially neutral
and must not:
- be given undue prominence or special featuring
- involve the use of Olympic or Paralympic visuals such as logos, archival Games imagery or team uniforms
- create an unauthorized association between the business that is referencing the Games and the Olympic and Paralympic Movements.
VANOC has developed examples to provide direction on how these provisions can be applied.
These Guidelines are not legal advice and any information contained herein does not in any way limit VANOC’s legal rights and remedies. If you think you may have infringed VANOC’s rights, or you are proposing to do something which you think may infringe VANOC’s rights, we recommend that you seek independent legal advice. Please also see the 2010 Olympic/Paralympic Brand Management disclaimer for more information.
Infringement Assessment: Despite the commercial nature of the website, because the reference to the Vancouver Olympic Village serves as a factual reference for directional purposes and does not give any undue prominence to the Brand or otherwise creates an unauthorized association with the Olympic or Paralympic Movements, this would be considered as unlikely to infringe.
Infringement Assessment: Despite the factually accurate statement, the singular 2010 Winter Games focus of the advertisement and prominent use of the Brand is to promote the proximity of the hotels to the Olympic venues, creates an unauthorized commercial association between the hotel chain and the Olympic or Paralympic Movements. This would be considered as likely to infringe.
Infringement Assessment: Despite the use of the Brand, because the use is accurate, relevant and not overly promotional it does not create an unauthorized association with the Olympic or Paralympic Movements. This would be considered as unlikely to infringe.
Infringement Assessment: Because the promotion prominently features the Brand and is sponsored by a commercial organization that is not a marketing partner, this promotion creates an unauthorized third-party commercial association which would be considered as likely to infringe. Read more about VANOC’s official merchandise program. Such signage may also be contrary to applicable bylaws.
Infringement Assessment: The placement of an advertisement in proximity to published material that contains an Olympic or Paralympic Mark is not in itself a misleading business association. This would be considered as unlikely to infringe.
Infringement Assessment: The use of Brand elements (Let the Games Begin) and winter sport imagery within the advertisement combine to create an unauthorized commercial association. This would be considered as likely to infringe.
How does a business promote a non-2010 Winter Games sport sponsorship?
VANOC recognizes the important investment many companies make in Canadian athlete endorsement and National Sport Organization (NSO) sponsorships. While these partnerships allow the rights for association with a Canadian athlete or an NSO, they do not extend the right to associate with the 2010 Winter Games or the Olympic and Paralympic Movements.
Businesses that have Canadian athlete endorsement or NSO sponsorship rights can make factually accurate reference to an athlete’s Olympic or Paralympic achievements and/or the relevant sport’s role in the Olympic or Paralympic Movements. However, such references should not be the primary focus of messaging that could contribute to the creation of an unauthorized association.
Infringement Assessment: Despite the promotional use of the phrase “Olympic Gold Medalist” in an advertisement by a non-2010 Winter Games marketing partner, this would be consider as unlikely to infringe because the athlete’s Olympic achievement is listed in the context of other accomplishments and the theme of the advertisement is non-Olympic in nature The athlete’s Olympic team uniform is not being worn and an Olympic medal is not being displayed solely on its own, for example.
Infringement Assessment: In this case, the advertisement’s theme is Olympic focused (through the use of Olympic Marks within the headline, use of an Olympic Games image and the citation of the athlete’s Olympic Games achievements without reference to other achievements). As a result, this would be considered as likely to infringe.
What are the rules for web linking?
As a general rule, a third party may link to the home page of the Official Vancouver 2010 Website, vancouver2010.com (and any other domain names used by VANOC), provided that:
- the link is in plain text-only format and does not use the emblems of either the Vancouver 2010 Olympic or Paralympic Winter Games, or any other Vancouver 2010, Olympic or Paralympic Games logo or any other mark, unless otherwise agreed to in writing by VANOC
- the link is displayed in a proportionate manner, spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link
Read more about VANOC's web linking policy.
Infringement Assessment: Despite the commercial nature of the website, because the factually accurate use of the Brand does not have special featuring or appear in close proximity to third party branding, this would be considered as unlikely to infringe.
Infringement Assessment: In this case, there are two major issues: unauthorized use of the Official Vancouver 2010 Olympic and Paralympic Winter Games Emblems, and the proximity of these Statutory Marks to a third party logo, creating an unauthorized commercial association with the 2010 Winter Games. This would be considered as likely to infringe.
How can the organizers of a business conference include references to the 2010 Winter Games?
Conferences that want to include references to the 2010 Winter Games can do so by providing factually accurate, editorially-relevant information to conference attendees, referring attendees to official sources and by ensuring there is no potential for unauthorized association by providing a commercially-neutral environment. Usage of Olympic and Paralympic visuals is not permitted.
The 2010 Speakers Bureau is an excellent source for 2010 Winter Games-related speakers at such conferences; they can bring the excitement of the 2010 Winter Games and information regarding 2010 Winter Games-related opportunities to a conference without offending the Special Legislation. The 2010 Speakers Bureau is a partnership that includes VANOC, the Province of British Columbia (through its 2010 Olympic and Paralympic Winter Games Secretariat) and the 2010 Legacies Now Society. Visit http://www.2010speakersbureau.com to learn more about requesting a speaker for your event.
Infringement Assessment: Despite the fact that the 2010 Winter Games focused topic is being offered at the conference because the topic is listed among other industry presentations with no undue prominence or special featuring, this would be considered as unlikely to infringe.
Infringement Assessment: Because the event is solely focused on 2010, the Brand is used within the title of the event, the event is sponsored by a commercial organization that is not a marketing partner and Olympic and Paralympic visuals are used, it creates both undue prominence and unauthorized third party commercial association. Consequently, this would be considered as likely to infringe.
Infringement Assessment: Despite the use of Brand elements (such as 2010) and the fact that it is a corporate initiative run by a non-2010 Winter Games marketing partner, because the theme is not Olympic/Paralympic in nature, this would be considered as unlikely to infringe.
Infringement Assessment: Because the Brand is used within the title of the program suggests an Olympic theme and an unauthorized third-party commercial association with the Olympic and Paralympic Movements, this would be considered as likely to infringe.
Can tickets be used as prizes or contest promotions?
Tickets for events of the 2010 Winter Games will be subject to terms and conditions that expressly prohibit use of 2010 Winter Games-related tickets for commercial, advertising or promotional purposes, including use as prizes in competitions. If tickets to the 2010 Winter Games are obtained in violation of the applicable terms and conditions, the ticket holder may be refused entry to the 2010 Winter Games venue or asked to leave the venue.
Read more about VANOC's ticketing program.
Can Canadian businesses use the word "Olympic" in their business name?
VANOC is sensitive to the fact that some businesses in Canada have used the word "Olympic" (or similar terms) in their names and marks and have done so for a long time.
In dealing with businesses that are currently using the word "Olympic" (or similar terms) in their names and marks, VANOC will generally not require that businesses cease or modify use of the word "Olympic" (or similar protected terms) in their names or marks if they began using those marks prior to March 2, 2007 . This commitment is subject to some reasonable conditions which are required if we are to meet our commitments to the IOC and IPC to protect the Olympic/Paralympic Brand in Canada:
- apart from the use of the word “Olympic” (or similarly protected term) in its name or marks, the business is not otherwise creating an association with the Olympic/Paralympic Brand
- the use of the protected term by the business is in association with the same wares as used by the business before March 2, 2007
- the business is not directly competing with one of the VANOC or IOC Olympic Games sponsors
- the business is not using the Olympic Rings, the Olympic Torch or other symbols or expressions commonly associated with the Olympic Movement
These guidelines are not hard-and-fast rules, and will not be applied arbitrarily. VANOC will assess each business individually and will carefully consider all of the circumstances.
Infringement Assessment: Despite the use of the Brand in the business name, because use of the name began prior to March 2, 2007 and there is no other use of the Olympic/Paralympic Brand, this would be considered as unlikely to infringe.
Infringement Assessment: Because the company registered the business name after March 2, 2007 and uses the Olympic Torch, the use in question creates an unauthorized third-party commercial association. This would be considered as likely to infringe.
