A year late and a Sha’Carri short, the 2020 Summer Olympics officially kicked off last month, in Tokyo, Japan. Though fairly muted in comparison to the usual pomp + circumstance we’ve grown accustomed to, the Opening Ceremony of this (last) year’s games was still a memorable one. For the first time, we saw athletes parade around an empty stadium, waving at empty seats, media crew, Olympic organizers + volunteers. Another first—and by far our favorite moment? Witnessing 23 year-old tennis superstar Naomi Osaka join the likes of Muhammad Ali, when she lit the cauldron, officially kicking off the ceremony. All while donning black, white, and Charlie-Baltimore-red box braids.
The Opening Ceremony illustrated precisely the effects Covid-19 has had on the Olympic Games. From an empty stadium to cardboard bunks. Scandals, resignations, Covid-positive athletes + blistering (read: unsafe) temperatures. It’s been an uphill battle, leaving everyone from spectators, organizers + athletes weary. Even the Deputy Prime Minister of Japan said the games were cursed. Cursed or not, one thing Covid won’t change is the vigilance in which the US Olympic + Paralympic Committee (USOPC) protects Olympic-related intellectual property. While most sports leagues prioritize enforcing their intellectual property, the USOC takes it to another level. Remember how fiercely Prince protected his intellectual property? From his copyrights, to his name, image + likeness? Of course you do. Well, meet the Prince Rogers Nelson of the sports world—The United States Olympic + Paralympic Committee. They don’t play the radio when it comes to protecting their intellectual property.
For some context, let’s consider the NFL. The NFL is pretty serious about the unauthorized use of their “Super Bowl” trademark. If a person or business is unlawfully using the Super Bowl trademark, the Lanham Act—the federal statute establishing trademark law—allows the NFL to bring suit for trademark infringement. Now, let’s consider the USOPC.
Unlike the NFL and every other American sports organization, the U.S. Olympic & Paralympic Committee has its very own federal statute that governs the organization’s trademark rights. With the Ted Stevens Olympic + Amateur Sports Act of 1998, Congress granted the US Olympic + Paralympic Committee the exclusive right to use + license several Olympic-related trademarks and logos. The statute also grants the USOPC the right to bring trademark infringement suits against innocent and willful infringers, under the Lanham Act.
So exactly how many Olympic-related trademarks does the USOPC own? In the words of 21 Savage, a lot.
The statute grants the Committee the rights to the International Olympic Committee’s famous 5 interlocking rings logo, as well as the USOPC’s own logo, plus the words “Olympic”, “Olympiad” and “Citius Altius Fortius”. However, this is not an exhaustive list. The USOPC owns or has the right to control 50+ Olympic related trademarks and logos. Likewise, we’ve dubbed the USOPC the Prince Rogers Nelson of the sports world.
As Team USA’s Brand Usage Guidelines explains, “unlike most National Olympic and Paralympic Committees around the world, the USOPC does not receive government funding to support athlete programs. The USOPC is responsible for overseeing amateur athletics in the United States and for training, funding and sending Team USA to the Olympic and Paralympic Games every two years. When others use USOPC IP without authorization, it creates a disincentive for our partners to continue funding Team USA in exchange for the right to promote that association with the U.S. Olympic and Paralympic Team. Additionally, when individuals or other charitable organizations use USOPC IP in their own fundraising, it detracts from the USOPC’s ability to raise money for Team USA.”
So what does this mean for you as you cheer on Team USA over your various social media platforms?
It means that if you are not an official sponsor, you should be careful. Do not use Olympic-related trademarks or logos in posts that are advertisements or promotions because doing so is considered commercial use of the mark. The commercial use of Olympic trademarks is a right reserved for the USOPC and its sponsors, who, according to an International Olympic Committee report, paid more than $1 billion for global marketing rights to the 2016 Rio Games. So this must mean that the non-commercial use of Olympic related intellectual property is okay? Correct—the statute does not prohibit you from using Olympic trademarks for non commercial use. For a (still non-exhaustive) list of USOPC intellectual property and how to properly use the USOPC’s trademarks + logos, check out Team USA’s brand usage guidelines website.
Are you establishing a brand that you hope you to turn into an international empire? As your strategic legal partner, we can help build a brand protection strategy as strong as your favorite olympian. You don’t have to be a world class athlete. Or an iconic guitarist + musician. You just have to be ready to start the journey. After all, Greece wasn’t in a day either. Let us help. Click the button below to get started.