2010 Olympic/Paralympic Brand Management Guidelines

2010 Olympic and Paralympic Brand Management Guidelines

The 2010 Olympic and Paralympic Brand Management Guidelines are intended to provide the Canadian public with an overview of why and how VANOC is protecting the Olympic and Paralympic Brands. To provide further guidance, sections have been created to address the frequently asked questions VANOC receives from the general public, community institutions, business community, media, Canadian National Sport Organizations and athletes on how to engage in the excitement and opportunities of the 2010 Olympic and Paralympic Winter Games without infringing on the Olympic / Paraylympic Brand.

Download the Real 2010 Protecting the Brand booklet (PDF, 11 MB)

VANOC’s Responsibility

One of the key conditions of being awarded the right to host the 2010 Winter Games was a commitment to the International Olympic Committee (IOC) that the Olympic Brand would be protected in Canada. Currently, in Canada, as part of its role to plan, organize, finance and stage the 2010 Winter Games, VANOC has custodianship of the Olympic Brand. This custodianship includes the exclusive Canadian marketing rights to the Olympic Brand for the period from January 1, 2005 through December 31, 2012 and the obligation to fulfill Canada’s commitment to protect the Olympic Brand.

Additionally, the International Paralympic Committee (IPC) has granted to VANOC the exclusive Canadian marketing rights for the 2010 Paralympic Winter Games and VANOC has similar rights and obligations in respect of the Paralympic Brand.

Why Protect the Olympic/Paralympic Brand?

VANOC is legally obligated to the IOC and to its marketing partners to protect against unauthorized use of the Olympic Brand and ambush marketing in Canada. Similarly, VANOC is obligated to protect the exclusive rights it has granted to its marketing partners related to the 2010 Paralympic Winter Games. But there are other reasons why it is important that VANOC must protect and strengthen the Olympic/Paralympic Brand:

Securing Sufficient Funds: The total operating budget for the 2010 Winter Games is $1.63 billion, an amount which is to be funded from non-governmental sources. Virtually all the revenue required to support the operating costs of the 2010 Winter Games is derived from sales – sponsorship, broadcast, merchandise and tickets – that involve the Olympic/Paralympic Brand. This revenue is critical to the financial success of the 2010 Winter Games and is also critical for legacy purposes as after the 2010 Winter Games are over, any surplus generated by VANOC will go toward amateur sports development in Canada.

Hosting Spectacular 2010 Winter Games: If VANOC’s marketing partners are assured their investments will be protected, and VANOC is able to meet or exceed its revenue target, VANOC will be able to host the spectacular 2010 Winter Games it has promised Canada it will deliver.

Assisting Canadian Athletes: Canada has committed to ‘owning the podium’ in 2010. Own the Podium 2010 is a national sport technical initiative designed to help Canada’s winter athletes win the most number of medals at the 2010 Olympic Winter Games, and to see Canada place in the top three nations at the 2010 Paralympic Winter Games. Through their agreements with VANOC, sponsors have agreed to join the Government of Canada in making a contribution to the Own the Podium 2010 program to further this goal. Protecting sponsor rights will encourage continued support of Canadian athletes by corporate sponsors and foster the success of our athletes in 2008, 2010 and beyond.

The Olympic and Paralympic Brands in Canada – what is it?

The “Olympic/Paralympic Brand” is comprised of all of the names, phrases, marks, logos and designs relating to the Olympic and Paralympic Movements, including those relating to the 2010 Winter Games. The Olympic/Paralympic Brand includes official marks or trademarks owned or licensed by VANOC. Use of the Olympic/Paralympic Brand in Canada is carefully controlled and must be authorized by VANOC or in some cases by the International Olympic Committee (IOC), the International Paralympic Committee (IPC), the Canadian Olympic Committee (COC) or the Canadian Paralympic Committee (CPC).

What is ambush marketing and what harm does it create?

Only official sponsors, licensees and government partners of the Olympic/Paralympic Movement in Canada are allowed to suggest an affiliation or connection with the Olympic/Paralympic Movement or any Olympic/Paralympic Games. Unfortunately, those exclusive rights can be infringed by “ambush marketing” – marketing that capitalizes on the goodwill of the Olympic/Paralympic Movement by creating a false, unauthorized association with the Olympic/Paralympic Movement, Olympic/Paralympic Games or Olympic/Paralympic athletes without making the financial investment required to secure official sponsorship rights.

Ambush marketing can be intentional – a tactic used by unscrupulous businesses to exploit the goodwill of the Olympic/Paralympic Brand – or inadvertent. Either way, ambush marketing is unfair because ambush marketing allows the ambush marketer to benefit from an association with the Olympic/Paralympic Brand without providing any financial support for the 2010 Winter Games or Canadian Olympic/Paralympic athletes. VANOC’s priority in protecting against ambush marketing is to ensure consumers are not fooled into believing the advertiser is associated with the Brand when they are not.

Ambush marketing is a real threat to VANOC’s sponsorship and licensing programs as it undermines the value of official sponsorship and licensing rights and impairs VANOC’s ability to attract future sponsorship and licensees. It also threatens the financial viability of future Olympic/Paralympic Games by impairing the ability of 2010 Winter Games’ organizers to raise necessary sponsorship and licensing funding.

VANOC must protect the Olympic Brand against unauthorized use and ambush marketing as part of its efforts to stage a well-organized and financially successful 2010 Winter Games. 

VANOC’S APPROACH TO PROTECTING THE OLYMPIC/PARALYMPIC BRAND

VANOC’s responsibility is not only to protect the Brand through enforcement, but also to educate the marketplace on how to appropriately align with the 2010 Winter Games while respecting the exclusive commercial rights of the marketing partners.

VANOC will enforce its rights in a fair and reasonable manner, which will include pro-actively educating and engaging the public and implementing a fair process for assessing infringement and enforcing its rights.

In particular, VANOC is committed to proactively protecting and strengthening the Brand using a wide range of methods, including the following:
Public education: VANOC has implemented an educational campaign to inform the public and key business sectors of opportunities presented by the 2010 Winter Games, while highlighting the parameters of permissible engagement and association.

Grandfathering long-standing use: Businesses which used the word "Olympic" (or similarly protected terms) in their names or marks prior to March 2, 2007 will be grandfathered, provided that subsequent use of the protected term is not expanded and the business is not otherwise creating a misleading business association with the Olympic/Paralympic Brand.

Engaging small business: VANOC and its Government Partners recognize the importance of ensuring small businesses are able to connect to 2010 Winter Games-related business opportunities without infringing on the Olympic/Paralympic Brand. VANOC works with the Province of British Columbia through its 2010 Commerce Centre to identify opportunities where Canadian small businesses can connect with the 2010 Winter Games.

Engaging non-commercial entities: VANOC is committed to allowing for fair and meaningful non-commercial engagement with the 2010 Winter Games. Communities and non-commercial organizations will be encouraged to find ways to harness the energy, creativity and enthusiasm created by the 2010 Winter Games. Where non-commercial activities overlap with commercial activities (for example, where a commercial organization is sponsoring a jointly-branded event with a non-commercial organization) there may be a risk to creating an unauthorized association with the Olympic/Paralympic Brand. Read more about how non-commercial organizations can get involved, while guarding against ambush marketing.

How will VANOC protect the Olympic/Paralympic Brand?

VANOC is committed to enforcing its rights in a disciplined, sensitive, fair and transparent manner. VANOC will interpret and consider enforcement actions using a two-stage process of assessment:

• Infringement assessment

  In the first stage, VANOC assesses whether there has been an infringement of the Brand or the creation of a misleading business association that is prohibited under applicable law. 

• Enforcement assessment:

  If VANOC concludes that there has been either an infringement or the creation of a misleading business association, VANOC will next consider what appropriate enforcement action, if any, is required.

Infringement Assessment
When analyzing whether the Brand has been infringed or a misleading business association has been created in any particular situation, VANOC carefully considers all circumstances. In particular, while not exhaustive, VANOC generally considers the following six factors:

• Factually accurate use: Use of the Brand (or other marks or images that have the potential of creating a business association with the Olympic or Paralympic Movements) must be accurately used without distortion or modification. 
• Relevant use: Use of the Brand (or other marks or images that have the potential of creating a business association with the Olympic or Paralympic Movements) will be of low concern to VANOC if they are relevant to a larger initiative or storyline and do not constitute gratuitous references (or a disproportionate number of references) to the Olympic or Paralympic Movements in an overtly promotional manner which contributes to the creation of an unauthorized business association. 
• Commercially neutral: Use of the Brand (or other marks or images that have the potential of creating a business association with the Olympic or Paralympic Movements) will be of low concern to VANOC if they are used in a commercially-neutral manner that does not contribute to the creation of an unauthorized business association between the Olympic/Paralympic Movement and a commercial entity or that is not used in a manner that otherwise commercially exploits the Brand. 
• Undue prominence: Use of Statutory Marks (or other marks or images that have the potential of creating a business association with the Olympic or Paralympic Movements) will be of low concern to VANOC if they do not enjoy undue prominence within the context of the overall initiative or storyline. For example, the use of the Brand which is included in a proportional manner within a larger list, story or calendar of events with other similar, non-commercial marks, statements or concepts will be a matter of low concern for VANOC, provided such use does not create an unauthorized association with the Olympic or Paralympic Movements. 
• Use of Olympic or Paralympic visuals: Use of Olympic or Paralympic visuals – logos, archival Games imagery, team uniforms or Olympic medals – in connection with a business will typically be of high concern. By their nature, such visuals would create an association with the Olympic or Paralympic Movements. 
• Unauthorized association: The final factor considered is whether there are any other elements that constitute an infringement of the brand or an unauthorized business association. Such elements include the timing and strategic placement of the advertising or communication tactics in question.

Each of these factors is assessed and a rating between 1 (low concern) and 3 (high concern) is assigned and an aggregate score is generated.

A score of 8 or below is considered, in most instances, unlikely to infringe and the case is closed subject only to periodic monitoring.
A score between 9 and 13 is a potential infringement and subject to further review to determine whether an infringement has likely occurred.
A score of 14 or higher is considered, in most instances, to be a likely infringement.

 
Infringement Assessment: Despite the use of multiple Brand elements (2010, winter, and gold) by a commercial entity, this retailer’s promotion would be viewed as unlikely to infringe. The references are relevant to a larger initiative and do not constitute gratuitous references (or include a disproportionate number of references) to the Olympic or Paralympic Movements in an overtly promotional manner and the business is not attempting to create an unauthorized business association. However, it should be noted that such an example would depend on the overall presentation of the initiative.

Infringement Assessment: This case would be viewed as likely to infringe given that the promotion gives significant prominence to the 2010 Winter Games. This amounts to the business marketing itself in association with the 2010 Winter Games and using the Brand in an overtly promotional manner.

More information and examples of assessment for

General Public
Community Institutions
Business Community
Media
Canadian National Sport Organizations and Athletes

RELEVANT LAW

Any enforcement actions by VANOC will be in accordance with applicable law. In particular, the Government of Canada has recently enacted legislation – the Olympic and Paralympic Marks Act (“Act”) – to specifically protect the Olympic/Paralympic Brand in Canada. The legislation ensures that Canada keeps its commitment to the IOC concerning protection of the Olympic Brand and that VANOC meets its obligation to protect the exclusive rights it has granted to its marketing partners. The Act also ensures that Canada is aligned with the international community in granting special protection for the Olympic/Paralympic Brand.

Under the Act, certain marks that comprise the Olympic/Paralympic Brand are specifically protected as Statutory Marks.

View a list of the Statutory Marks and the full text of the Olympic and Paralympic Marks Act .

With some exceptions, any use of Statutory Marks in connection with a business (or any mark that so nearly resembles a Statutory Mark as to be likely to be mistaken for that Statutory Mark), is strictly prohibited under the Act.

In addition to the prohibition against the use of Statutory Marks, the Act also prohibits a person, in association with a trademark or other mark, from promoting or otherwise directing public attention to their business, wares or services in a manner that misleads or is likely to mislead the public into believing that the person’s business, wares or services are approved, authorized or endorsed by VANOC, the COC or the CPC, or that a business association exists between the person’s business and the Olympic Games, Paralympic Games, VANOC, the COC or the CPC. This misleading association is often referred to as ‘ambush marketing’.

The Act should not be considered in isolation from other laws of general application that prohibit the unauthorized use of trademarks and copyright, and guard against deceptive business practices. These other laws, including the Trademark Act (Canada), Copyright Act (Canada) and Competition Act (Canada), prohibit the unauthorized use of trademarks and copyright, and guard against deceptive business practices.

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.