Posts Tagged: "International Olympic Committee"

“Name, Image, Likeness” rights, the term commonly used to designate rights covered under right of publicity law, has been a popular and trending term thus far in 2021, and a hotly debated topic in the world of sports. With the Supreme Court’s ruling in NCAA v. Alston, multiple states enacting Name, Image, Likeness statutes, and the recent decision by the NCAA to suspend all Name, Image, Likeness rules for incoming and current athletes, this year is promising to reshape the advertising and sponsorship landscape for current U.S. college athletes and recruits. However, the controversies surrounding this subsection of intellectual property (IP) Law are not new to sports, and they are not unique to college athletes. For years, Olympic athletes have fought against Name, Image, Likeness restrictions set forth in the Olympic Charter and imposed by the International Olympic Committee (IOC).

“The purpose of Rule 40 is to prevent over-commercialization of the games and to protect the exclusivity of the official sponsors, who spend many millions of dollars to market during the Olympics,” she explained. “So, there was a blackout period (Feb 1- Feb 28 this year) where brands who sponsor athletes, but are not official Olympic sponsors cannot run ads featuring their athletes or even wish them good luck/congrats on social media.”

The Olympic Games will draw the attention of the world under a banner of honest competition and camaraderie. However, many have accused the International Olympic Committee (IOC) and the United States Olympic Committee (USOC) of conduct not in keeping with the open spirit of the Olympic Games. In the run-up to the Olympics, companies have reported receiving cease and desist letters from the USOC. These letters claim that use of the USOC’s trademarks in social media posts infringe on the USOC’s federal rights.

Every year countless stories arise of individuals, churches, and small businesses, receiving cease and desist letters from the NFL or NCAA for unauthorized use and reference to their respective SUPER BOWL, MARCH MADNESS, and other trademarks. The success of these enforcement letters comes from a mixture of the organizations’ trademark rights under the Lanham Act and the fear that these financially well-endowed organizations could sue. The International Olympic Committee (“IOC”), and its national governing bodies, like the USOC (collectively the “Olympic Committee”), also aggressively enforce their rights in their Olympic trademarks, slogans, and symbols (the “Olympic properties”). The Olympic Committee not only employs the traditional methods of other sport organizations, but has several additional weapons that provide a true monopoly on the Olympic properties; thus, significantly increase its success.