Stay on the Right Track with Olympics-Themed Marketing
by: Charlene Sell, Partner | Amalia Schroeder, Solicitor
The information in these articles is general information only, is provided free of charge and does not constitute legal or other professional advice. We try to keep the information up to date. However, to the fullest extent permitted by law, we disclaim all warranties, express or implied, in relation to this article - including (without limitation) warranties as to accuracy, completeness and fitness for any particular purpose. Please seek independent advice before acting on any information in this article.
The fast-approaching Paris Olympic Games may seem like a great opportunity to incorporate the Olympics and New Zealand patriotism into your marketing strategy, however, if you aren’t an official sponsor, doing so could get you into hot water.
In New Zealand, Olympic words and imagery are strongly protected. The Major Events Management Act 2007 prevents organisations from displaying or using any of the protected emblems or words, or anything closely resembling them, unless authorised by the New Zealand Olympic Committee. These emblems include the Olympic rings, the New Zealand Team fern, New Zealand’s official kiwi bird mascot “Goldie”, and the Olympic flame or torch. Protected words include “Olympic Games”, “New Zealand Olympic Team”, “Olympic Gold”, “2024 Games”, “2024 Olympics”, and slogans such as “Faster Higher Stronger” and “Earn the Fern”, among others. Essentially you cannot imply that your products or services are endorsed by, or associated with the Olympics, even inadvertently. If you are caught doing this, you could be fined up to $150,000.
You could also be infringing registered trade marks by using some words or images that the Olympic Committee has trademarked, such as the specific logos and mascots of each Games. An Olympics-related advertising campaign could also be in breach of the Advertising Standards Code or be found to be a misrepresentation under the Fair Trading Act 1986.
Strict rules like these are not exclusive to the Olympics and also apply to the Commonwealth Games and other major events, so it is important to check you are in the clear before launching any campaign that associates your business with a significant event.
You may start to see advertisements relating to the Olympics from some of the current partner companies of the New Zealand Olympic Team, such as Beef + Lamb New Zealand, The Warehouse, Placemakers, or Toyota, but remember that you cannot simply follow suit to show your support for our Olympians without authorisation.
If you’re considering a campaign that skirts around the Olympics and only generally promotes sports and glory, be very cautious that you don’t overstep. Consider seeking legal advice to make sure you aren’t implying a connection to the Olympics or using any prohibited words and imagery.
If you’d like to chat further about ensuring your advertising is in line with the rules, please get in touch with our intellectual property experts.
DisclaimerThe information in these articles is general information only, is provided free of charge and does not constitute legal or other professional advice. We try to keep the information up to date. However, to the fullest extent permitted by law, we disclaim all warranties, express or implied, in relation to this article - including (without limitation) warranties as to accuracy, completeness and fitness for any particular purpose. Please seek independent advice before acting on any information in this article.
