The Summer 2024 Olympics in Paris are underway and while millions of eyes are on the games, the United States Olympic & Paralympics Committee (“USOPC”) has its eyes peeled for trademark infringers.
The USOPC serves both the National Olympic Committee and National Paralympic Committee for the U.S. and is responsible for the training and funding of the U.S. Olympic, Paralympic, Youth Olympic, Pan American and Parapan American teams. It owns numerous trademarks, the licensing of which is critical for its funding of the U.S. Olympic Team.
The USOPC recently sued US beverage company Prime Hydration (“Prime”) for alleged trademark infringement in the United States District Court for the District of Colorado. According to the USOPC’s complaint, Prime used Olympic-related terms and trademarks such as “OLYMPIC,” “OLYMPIAN,” “TEAM USA,” and “GOING FOR GOLD” on beverage product packaging, internet and in store advertising and social media promotions without the USOPC’s consent. Pursuant to the Ted Stevens Olympic and Amateur Sports Act, 36 U.S.C. § 220506 (the “Ted Stevens Act”), the USOPC has exclusive rights to commercially exploit certain marks and symbols related to the Olympics in the United States, including the symbol of the IOC, “consisting of 5 interlocking rings,” the word “Olympic,” and “any trademark, trade name, sign, symbol, or insignia falsely representing association with, or authorization” by the IOC, “the International Paralympic Committee, the Pan-American Sports Organization, or the [USOPC].”
The USOPC engages in “a robust licensing program, through which sponsors and other partners are authorized to use trademarks owned by the USOPC on a wide variety of goods and services.” The USOPC further explains that the Olympic “marks are licensed for use on many products in many different industries, including beverages.” For “a significant monetary contribution,” the USOPC has granted a prominent U.S. beverage company – hint, not Prime – the exclusive right to use the Olympic trademarks, including “OLYMPIC” and “TEAM USA” for beverages in the U.S.
Based on Prime’s unlawful use of Olympic trademarks, which continued after USOPC’s counsel allegedly contacted Prime and requested they cease infringement, the USOPC’s complaint asserts violations of the Ted Stevens Act, trademark infringement, unfair competition and dilution arising under the Lanham Act 15 U.S.C. § 1114, the Colorado Consumer Protection Act, and Colorado common law.
While this litigation is still pending, marketers and advertisers should be well informed regarding the intellectual property rights at play and the relevant rules and guidelines for promotions and advertisements during the Olympic games. Failing to comply with the relevant Olympic guidelines and infringing on related intellectual property rights can result in litigation. Proactively engaging outside counsel to review and develop planned marketing campaigns during the Olympics and other large sports events can help companies stay within the relevant social media and advertisement parameters and out of the courtroom.