| Getting
Ready for the 2012 London Olympics |
| The Olympic etc
(Protection) Act was passed in 1995 and prohibits use
of |
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The Olympic motto Citius, altius, fortius, (in English, this translates as faster, higher, stronger) |
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The symbol of the interlocking rings |
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Any of the words Olympiad, Olympiads, Olympian, Olympians, Olympic, Olympics
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As well as representations of something so similar to the Olympic symbol or the motto as to be likely to create in the public mind an association with the motto or symbol
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Or any of the above translated into any language |
| When the London Olympics Bill is passed later this year, the list will be extended to include |
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The Paralympic motto Spirit in Motion |
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Any of the words Paralympiad, Paralympiads, Paralympian, Paralympians, Paralympic, Paralympics |
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As well as words so similar to any of the above as to be likely to create in the public mind an association with the Olympic games or movement (broader than the current "symbol or motto")
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And translations into any language
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A new right will also be created, called the London Olympics
Association right, which will prohibit the use of any visual
or verbal representation of any kind "in a manner likely to
create in the public mind an association between the London Olympics"
and any goods or services or persons who provide them. The new Act
expressly provides that
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if any two of the four words Games, Two Thousand and Twelve, 2012, or Twenty twelve are used together or
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any one of them with any one of the following "gold, silver, bronze, London, medals, sponsor, summer",
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it will be presumed this will be likely to create in the public mind an association with the London Olympics.
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The sanctions include criminal proceedings, as well as civil proceedings which can be brought by the International Olympic Committee for injunctions, damages, seizure and delivery up of the goods concerned.
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The existing Act did provide that use of names which were registered as company names or trade marks would be permitted, if they were registered before the Act came into force. The new Act keeps these provisions.
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As for names which are not registered either at Companies House or at the Trade Marks Registry, there are certain provisions to permit use, but they vary according to whether the existing Act - for the Olympic / Paralympic matters - applies or whether the new Act for- the London Olympics - is applicable. For example, the existing Act is being amended so that use in a context which is not likely to suggest an association with the Olympic Games or the Olympic movement is permitted. Use where it is necessary to indicate the intended purpose of a product or service is permitted by the new Act. Much of this wording is "borrowed" from the law of trade marks, and considerable case law has built up over how it has been interpreted, so it would be best not to take the words at face value as they appear in the statues, but to check with a trade mark attorney as to whether the specific facts of your situation will qualify for a defence or not. It may be that the best course of action, for matters covered by t he new Act at least, will be to approach the London Organising Committee, since it has unfettered discretion to authorise use which would otherwise be prohibited by the London Olympic Association right.
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