Who hasn't thrilled at the sight of world-class athletes striving to achieve their best in Olympic competition? Along with all that great television, our eyes and ears were treated to a marathon of the various sponsors' goods and services displayed alongside Olympic emblems and slogans.

Canada will host the 2010 Winter Games in Vancouver. Part of VANOC's responsibility to the IOC extends to brand protection for the large number of Olympic and Paralympic marks that will be displayed by the various marketing partners, their licensees and authorized government agencies. The marketing partners have contributed millions of dollars in sponsorship fees to generate revenue and to have their names and products associated with the games in various forms of advertising and, in turn, to display the Olympic marks, emblems and slogans on their product lines, or in association with their services.

Legislation To Shut Infringers Down

In 2007 the Government of Canada passed legislation known as The Olympic and Paralympic Marks Act (the Act) to protect the various trade-marks specifically identified in Schedules 1, 2 and 3 of the Act. The Schedules may be further amended as we approach the actual dates of the Olympic competition. Schedules 2 and 3 will be repealed on December 31, 2010. This legislation provides for legal remedies to shut down infringers. What the IOC and VANOC are looking out for are ambush marketers, those who, without having contributed in any way financially towards the revenue required to administer the Olympic event, risk associating their goods or services with any of the identified trade-marks, in violation of the legislation.

A few examples of marks currently listed on the Schedules include:

• Faster, Higher, Stronger
• Spirit in Motion
• Canada 2010
• COVAN
• Sea to Sky Games

In addition, there are designs that complete this list, such as the inukshuk which is the emblem of the Vancouver 2010 Olympic Winter Games and the landscape emblem of the Vancouver 2010 Paralympic Winter Games

A Very High Likelihood Of Infringement

A good illustration of a likely infringer would be a company that, within a year before the commencement of the 2010 Winter Games, adopted the business name "Olympic Bakery" and displayed its name and the representation of a torch symbol on signage outside of its premises. According to a rating scale developed by VANOC, this business would be assessed a very high likelihood of infringement.

Nevertheless, there are some exceptions and grandfathering provisions, particularly as respects any community-based or educational, non-commercial undertakings. One example would be along the lines of a public library or educational resource centre displaying the official emblems of the 2010 Winter Games alongside reference materials on the games themselves. In the "Olympic Bakery" example above, if the restaurant were in existence prior to 2007 and did not make use of the torch image in its advertising displays, infringement considerations would be virtually non-existent.

Think Twice Before Going For The Gold

Competing with a formidable foe such as VANOC will not win you any perfect scores or medals. What may at first be viewed as advantageous timing in terms of selling your own product or service, may in the long run prove to be a foolhardy exercise. Deliberate trade-mark infringement deserves punishment, but potential trade mark infringement can be minimized. So, what's the advice?

If you are considering the opportunistic use of a trade-mark, call us first. Our goal is to steer you clear of roadblocks and save you and your business time and money.

If you need an extra pair of eyes and ears to look out for your Intellectual Property interests, call us. Our expertise and diligence in monitoring and protecting your rights will provide you with added peace of mind.

If you have any specific questions regarding this article, please contact:

Isabel Stratton , Trade Mark Agent (istratton@kmblaw.com)
Ashlee Froese , Lawyer and Trade Mark Agent (afroese@kmblaw.com)

The comments in this newsletter are of a general nature and are not designed to replace professional advice in specific situations. If you would like extra copies of this newsletter, or you know of anyone who would be interested in joining our mailing list, please contact Cheryl Woolcott at (905) 276-9111.