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Collared v. the London Olympics Organising Committee

Last update: Wednesday May 16th 2012

 

From us to them, May 15th

 

Greetings,

I am the Promoter of Collared, a male-only non-profit community fetish club in London.

Over the period of the Olympics we are planning to host our own games. These are currently being called the "Kink Olympics". They are intended just as a fun event and of course in no way seek any association with the London Olympics.

However we are aware that there are both general and specific legal protections in place to safeguard the brand and reputation of the Olympics and so we wish to present our plans to the Olympic Organising Committee to ensure that we do not contravene these protections.

Could you please advise who in the first instance we should contact.

Yours faithfully

 

From them to us, May 16th

Hello Simon,

Thank you for contacting London 2012 about using the word Olympics in your event.

Only official sponsors and licensees can use official names, phrases, trade marks, logos and designs related to the 2012 Games. These are collectively referred to as the 'Games' Marks' and are protected by the law in a variety of ways. The unauthorised use of any of the Games' Marks (or any other marks or logos that are confusingly similar to, or likely to be mistaken for, them) is strictly prohibited. 

More information about our brand laws is available in the Brand Protection area of our website.

Kind regards,

Vicky
London 2012 team

 

From us to them, May 16th

 

Hi Vicky,
Many thanks for your speedy reply.
We are aware of the brand protections in place, however our challenge is interpreting the exemptions. In this case, where we wish to use the protected word "Olympics" in the context of the phrase "Kink Olympics" we would seek to invoke the following exemption set out in the Olympic Symbol etc Protection Act:
       "Use in a context which is not likely to suggest an association* between a person, product or service and the Olympic/Paralympic Games or the Olympic/Paralympic movement;"
It seems that the only mechanism to establish this exemption (short of a defence being successful in a court of law) is for London 2012 to give consent. This is why we requested a contact person who could look at this particular case. Would you be able to either pass this matter to a legal specialist or suggest someone we could directly contact?
Many thanks
Simon
 

Them to us: May 17th

 

 

Hello Simon,

Unfortunately we are unable to provide individual legal advice on the steps you are proposing. If, after reading the brand protection information on our website, you are still concerned that your business proposals may infringe LOCOG's rights, we would suggest that you seek independent legal advice.


Kind regards,

Vicky
London 2012 team

http://www.london2012.com

 

Us to them: May 17th

 

Hi Vicky,
Thank you again for your speedy response, however I'm afraid we are no further along the road to a solution.
The point is that we do not believe we are infringing your rights. Indeed we believe we have a clear defence. All we are seeking is a clarification from you as the protected organisation that this is indeed the case. As a small non-profit community group we cannot possibly engage the sort of legal opinion you suggest. However it seems by not doing so we endanger ourselves. It is double jeopardy of a kind that I am sure the legislators did not envisage. 
As I understand the situation LOCOG has an obligation - in return for your special protection - to assist organisations with advice when you are requested to do so. It would surely be irrational to assert your rights after the fact when you could have clarified the matter from the outset. We are trying our best to do the right thing and to help avoid future problems.
The only way through this is for me to now formally request permission from LOCOG to use the word "Olympics" within the phrase "Kink Olympics". It is surely a small matter for you to decide one way or the other so we can move forward. The legislation provides for you to give consent, and consent is indeed a cornerstone of the provisions.
I hope you understand that we do need this clarification. Please tell us how we can go about seeking consent. 
Best wishes
Simon

 From them to us, 22nd May

 

Hello Simon,


Thank you for contacting London 2012.


You have made a formal request to name their event Kink 'Olympics'.  We are not able to consent to this.


We‚re often asked if the Games‚ Marks can be used in this context and we ask communities and groups not use any of the ŒProtected Games Marks‚, which are  outlined below: 


- The Olympic Symbol 
- The Paralympic Symbol 
- The London 2012 Olympic and Paralympic Emblems 
- The London 2012 mascots 
- The word 'London 2012' 
- The words 'Olympic', 'Olympiad', 'Olympian' (and their plurals and words very similar to them ˆ eg 'Olympix' 
- The words 'Paralympic', 'Paralympiad', 'Paralympian' and their plurals and words very similar to them ˆ eg 'Paralympix' 
- The Olympic Motto: 'Citius Altius Fortius' / 'Faster Higher Stronger' 
- The Paralympic Motto: 'Spirit in Motion' 
- The Team GB logo 
- The ParalympicsGB logo 
- The British Olympic Association logo 
- The British Paralympic Association logo 
- london2012.com (and various derivatives)
- The London 2012 sports pictograms    


However, subject to a couple of provisos, the name of such events can use the words ŒOlympic‚, ŒParalympic‚ ŒLocal Leader‚ and ŒLondon 2012‚. This is subject to the following conditions:


P  The event must be purely non-commercial (e.g a community celebration with no sponsors, no charge for entry, and no commercial or fundraising activity taking place at it) and;


P  the use of these words must not suggest or imply that the event (or the organiser) is in any way official or endorsed by us.


Essentially, this means using these words in a factual, rather than a Œpossessive‚ manner. For example, rather than ŒOlympic Fete‚, ŒLondon 2012 Torch Festival‚ or ŒParalympic Party‚ please use names such as Œ[Village] Celebrates the Olympic Games Fete‚; Œ[Town] Welcomes the Olympic Torch Relay‚, Œ[Place] Gold Medal Party ˆ Cheering on Team GB!


Regards,


Joan


London 2012 team