With the Paris 2024 Olympic Games around the corner, advertising agencies and businesses worldwide are seeking innovative ways to increase their global exposure through association with this prestigious sporting event.

Whilst the hosting of this spectacle presents numerous marketing opportunities, it is crucial to ensure your marketing campaigns do not fall foul of the numerous laws and regulations concerning ambush marketing.

What is “Ambush Marketing”?

Ambush marketing has made headlines over the years at many “big ticket” events, often through exuberant and innovative ploys designed to create an association with an event, athlete, or sports team without having to bear the associated costs of an official sponsorship or endorsement. It’s for this reason it is often labelled as ‘parasitic advertising’.

To protect against ambush marketing, the International Olympic Committee (“IOC”), national Olympic associations, and the Paris 2024 Organising Committee have put in place measures to address creative and opportunistic forms of ambush marketing. Such protections range from traditional forms of Intellectual Property (“IP”) protection (trade marks and registered designs) through to advertising codes and CPRs, ticket terms and conditions, and specific event legislation.  

Main types of Ambush Marketing

Ambush marketing typically takes one of three forms:

1. Ambush marketing by association
2. This occurs when brands seek to associate themselves with the Olympic Games, teams, or athletes, without authorisation. These activities aim to mislead the public into thinking the ambusher is somehow connected in an official capacity. For example, at the 1992 Winter Olympics, Visa ran TV commercials advising American Express cardholders to leave their Amex at home as “the Olympics don’t take American Express”.
3. Ambush marketing by intrusion
4. This involves the ambusher generating exposure by targeting the audience attending Olympic venues and gaining a wide audience through TV broadcasting. Common activities include supplying free products to attendees of events, purchasing advertising space near the event venue, or create prominent displays visible to cameras. For example, at the Atlanta Olympics, Nike filled the stadium with swoosh banners which were handed out to fans.
5. Opportunistic Ambush
6. This type involves reacting to topical events during the Olympics, often in a humorous manner. While it may not necessarily mislead the public about official associations, it still capitalises on the event’s popularity without official partnership. For example, at the 2012 London Olympics Paddy Power placed billboards around the capital stating “Official Sponsor of The Largest Athletics event in London This Year (Ahem, London France That Is)”.

Legal constraints for the Paris 2024 Olympics

Several legal protections are in place to prevent unauthorised ambush marketing:

• Trade mark protection: The IOC owns thousands of trade marks worldwide, including ‘OLYMPIC’, ‘PARALYMPIC’, ‘PARIS 2024’, and various logos and designs associated with the event.
• Copyrights: Logos, artwork, designs, mascots, and footage from the Games are protected by copyright laws.
• Passing off: This protects against any representation that a person or company is an official partner or sponsor when they are not.
• Unfair competition laws: In France, these laws can be used to address ambush marketing that takes undue advantages of the media and economic benefits generated by the Olympics.
• The Olympic Symbol etc. (Protection) Act 1995: This UK law prohibits unauthorised use of Olympic and Paralympic symbols, mottos, and specific words in the course of trade.

Event-specific legislation

France has also introduced event specific legislation. Notably, Article 3 of Law No. 2018-202 of 26 March 2018, which has been updated as recently as May 2023 to address the unique needs of the Games, amends Article L141-5 of the French Sports Code to strengthen the rights of CNOSF regarding the use and protection of Olympic symbols. Article L141-5 further states that using the Olympic symbols without the authorisation of CNOSF, is punishable by Intellectual Property Code. This enhanced protection makes it more challenging for non-official sponsors to use Olympic-related elements and terms without authorisation. Article 5 of the French law, Law No. 2018-202, provides for temporary derogations from certain advertising restrictions under certain French laws. These derogations allow for the display of Olympic marks and symbols, including those of marketing partners, in areas where advertising would normally be prohibited or restricted, such as historically protected sites. This provision aims to ensure the visibility of official Olympic branding while potentially limiting opportunities for ambush marketers.

If an advertiser attempts to suggest an unauthorised association with the Paris 2024 Olympic Games, they are likely to face legal challenges based on these various legislative and regulatory provisions.

The combination of event-specific legislation, existing sports and intellectual property laws creates a framework to protect against ambush marketing during Paris 2024.

What should I do if I receive a cease and desist letter?

Navigating around the rules of ambush marketing, which encompasses trade mark law, is far from straightforward. If you receive a cease and desist letter raising allegations of trade mark infringement or ambush marketing, it is essential to treat this mater seriously and act quickly to gain expert legal advice. 

Tips for advertisers and brand owners marketing with an Olympic theme

Before running an advertisement campaign which seeks to gain an association with the Paris 2024 Olympics, it is important to be cautious and seek legal advice. 

Key questions to consider:

1. Will the proposed marketing use any trade marks owned by IOC or French National and Olympic Sports Committee (Comité National Olympique et Sportif Français)? If so, there is an infringement risk.
2. Does the marketing campaign comply with applicable laws and regulations, including French laws on unfair competition?
3. Have you considered the implication of Rule 40 of the Olympic Charter if your campaign involves athletes?

Practical suggestions for non-sponsors:

• Use Generic Advertising:
• Don't use Olympic Properties or any direct references to the Olympic Games.
• Example: An ad stating "X Brand, Bring Out the Power" is acceptable. However, "X Brand, Road to Paris 2024" is not.
• Use Athletes' Images with Permission:
• Take care upon use images of athletes in official Olympic team apparel.
• Example: An ad using an athlete’s image in generic attire is acceptable. However, using the athlete in Olympic team apparel is not.
• Follow the 90-Day Rule:
• Don't start campaigns less than 90 days before the Games unless it's a "business-as-usual" scenario. This means campaigns should begin before 18th April 2024 to avoid conflict with Rule 40.
• Example: A regular seasonal campaign starting well before the 90-day window (before 18th April 2024), even if it continues into the Games Period, may be exempt from the rule.
• Maintain Consistent Marketing Campaigns:
• Don't escalate the frequency of advertising during the Games Period.
• Example: An ad campaign that runs consistently for over 90 days before the Games without escalation during the Games is likely to be acceptable.
• Use Social Media Carefully:
• Don't post images or videos from the Olympic Games or related events without permission.
• Example: Share content related to your brand’s general sports involvement or unrelated events, ensuring no Olympic IP rights are used.
• Avoid Performance Claims:
• Don't suggest that your product or service enhanced the athlete’s performance.
• Example: Statements like "Thanks to X Brand’s product, you are in top shape" are not acceptable.
• Celebrate Athletes Appropriately:
• Don't publish congratulatory messages during the Games Period using Olympic imagery.
• Example: A congratulatory message posted after the Games Period without Olympic Properties is acceptable. Posting similar messages during the Games is not.
• Follow Anti-Ambush Marketing Policies:
• Don't create campaigns that could be interpreted as an attempt to capitalise on the Olympics.
• Example: Develop and implement internal policies that ensure all marketing materials are reviewed for compliance with ambush marketing guidelines.

The Illustrative Guidance issued by the IOC also demonstrates several other examples for non-Olympic partners. 

By following these guidelines and seeking appropriate legal advice, businesses can navigate the complex landscape of Olympic-themed marketing while minimising the risks associated with ambush marketing during the Paris 2024 Olympic Games.